FOREWORD 1

EIGHTH PERIODIC REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AT THE LEVEL OF ARAB STATES 2015 - 2018 REPORT REPORT 500 11.2019 2019.1146/004;002 Credits Prepared by the ICRC Regional IHL Hub in – Omar Mekky, Aly El Badrawy, Ingy Aboloyoun, Basant Abdel-Meguid, Sally Talal and Nahla Hefny. This was done in consultation with the Legal Affairs Section of the League of Arab States.

The map on the cover page of this report reflects the Arabic-speaking countries covered by the League of Arab States; it is for illustrative purposes only. The map and the content of the report do not express an opinion on the part of the ICRC concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of frontiers and boundaries. The length of the text devoted to a given state in the report is not necessarily exhaustive or proportional to the magnitude of the efforts or importance. It includes what was submitted by states in their questionnaires.

International Committee of the Red Cross 19, avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org © ICRC, November 2019 EIGHTH PERIODIC REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AT THE LEVEL OF ARAB STATES 2015 - 2018

CONTENTS 5

CONTENTS

FOREWORD ...... 7

1. INTRODUCTION ...... 11

2. REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION ...... 15

3. REGIONAL PLAN OF ACTION ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AT THE LEVEL OF ARAB STATES (2018-2020) ...... 35 List of Participants of the Eleventh Meeting of Arab Government Experts on the National Implementation of IHL – Cairo, (19 - 20 September 2018) ...... 39

4. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL ...... 43

1. Hashemite Kingdom of Jordan ...... 46 12. The Sultanate of Oman ...... 64 2. ...... 48 13. State of Palestine ...... 65 3. Kingdom of ...... 50 14. State of Qatar ...... 67 4. Republic of (*) ...... 52 15. Republic of (*) ...... 70 5. Democratic Popular Republic of ...... 53 16. State of Kuwait ...... 71 6. (*) ...... 55 17. Republic of Lebanon ...... 73 7. Kingdom of Saudi Arabia ...... 56 18. State of ...... 75 8. Republic of ...... 58 19. Arab Republic of Egypt ...... 77 9. Arab Republic of Syria(*) ...... 60 20. Kingdom of ...... 82 10. Democratic Republic of (*) ...... 61 21. Islamic Republic of (*) ...... 85 11. Republic of ...... 62 22. Republic of Yemen ...... 86

5. ANNEXES ...... 89 1. Summary list of all national committees on international humanitarian law and similar national bodies ...... 92 2. Detailed list of information related to national committees on international humanitarian law in Arab states ....94 3. Factsheet on national committees on international humanitarian law ...... 107 4. Table of all the international humanitarian law-related conventions signed/ratified/acceded to by Arab states ....109 5. The Arab model law on international crimes ...... 126 6. Memorandum of understanding between the State of Kuwait and the ICRC on the creation of the regional centre for training magistrates and public prosecutors in the field of international humanitarian law ...... 134 7. Memorandum of understanding between the United Arab Emirates and the ICRC on the creation of the regional centre for training diplomats in the field of international humanitarian law...... 136

FOREWORD

FOREWORD 9

FOREWORD

This Eighth Periodic Report on the National Implementation of International Humanitarian Law (IHL) at the Level of Arab States (2015-2018) covers the work of the Arab governments in the field of dissemination and integration of IHL. As Head of the Cairo Delegation of the International Committee of the Red Cross (ICRC), which hosts the IHL regional hub that worked tirelessly on the issuance of this report, it is an honor for me to introduce this important work to a wider audience. With great regret, and great empathy for the people and communities affected, we are witnessing how recent and decade-old conflicts have devastated this part of the world. We have done the utmost, together with our partners in the national Red Crescent and Red Cross (RCRC) societies, to respond to the massive humanitarian needs caused by conflicts, occupation and other situations of violence in the Arab region. The root causes for these conflicts are complex, but one thing is sure: it is the disregard for the basic rules of humanitarian law – the protection afforded to civilians and those who no longer participate to the fighting, to health services and other civilian infrastructure - that has brought about this magnitude of death, injury and suffering, large scale destruction and displacement of millions of people. It is exactly for this reason, and for the prevention of further violations and atrocities, that it is so crucial to make this law known and respected under all circumstances that fall under it. This year we are celebrating the 70th anniversary of the four Geneva Conventions of 1949, and the 20th anniversary for the signing of the League of Arab States (LAS)-ICRC cooperation agreement. It is thus the right moment to reflect on the challenges facing the preservation of humanity during war, particularly in this region. But it is equally important to look at the efforts, break-throughs and successes of Arab states to disseminate and implement IHL. This report, thus, puts a focus on these joint efforts of the states themselves, LAS and the ICRC. This report is the outcome of the Eleventh Arab Governmental IHL Expert Meeting that took place in September 2018 in Cairo. Its first section provides an overview on the ratification and national implementation of IHL treaties and provisions by LAS member states. The overview is followed by the Plan of Action and regional commitments that were adopted during this 11th Expert Meeting. The third part consists of reports on the ongoing efforts of individual states in the domain of IHL implementation. With these elements, the report is not only a documentation of past and present efforts, but also a major impetus for all of us to intensify our efforts for better respect of the rules of IHL. The integration of IHL provisions into the national legislation of each State, with the corresponding implementation, is of utmost importance, as it makes these rules binding and better known, and creates mechanisms to ensure compliance with these rules. It also contributes to addressing the long-term humanitarian consequences of today’s conflicts, and to the prevention of future violations. Let us remember that at the center of all this human suffering and humanitarian needs are ordinary people and affected communities. It is for these people and communities that the work on better respect for humanitarian law has to make a difference and have a concrete impact. It is my honor to extend on behalf of the ICRC my thanks and appreciation to all those who made, and continue to make, a difference in promoting and enforcing IHL, including LAS, representatives of armed forces, governments, parliaments, RCRC societies, and other organizations and associations. We call upon you to maintain and enhance these efforts for the sake of respecting and ensuring respect for the rules of IHL in the Arab region. In conclusion, the fundamental challenge facing us today is to make IHL work, but we must remember that IHL is only as strong as we make it. It's up to all of us. For its part, the ICRC will continue to offer its expertise and support for initiatives to improve the respect for the rules of IHL, hoping to witness progress in its faithful application, and thus alleviate human suffering.

Ronald Ofteringer Head of the ICRC Delegation in Cairo, Egypt International Committee of the Red Cross

1. INTRODUCTION

INTRODUCTION 13

INTRODUCTION

FOLLOW-UP COMMITTEE ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB WORLD

The Follow-up Committee on the implementation of international humanitarian law (IHL) in the Arab world is delighted to introduce the eighth report on the ‘National Implementation of IHL at the Level of Arab States’. This report aims to reflect state practices and the progress and commitment made by Arab states in improving implementation of and compliance with IHL over the four-year period from 2015 until the end of 2018. The Arab region has been facing many pressing challenges that impacted each state individually and the region as a whole. However, despite these challenges, the region stood firm and continued its efforts on various activities of IHL dissemination and trainings, as well as drafting or adopting national legislation to integrate IHL and other relevant treaties. These efforts were captured in this report and signal the possibility of an ever more robust implementation and respect to IHL. The Arab Republic of Egypt hosted the Eleventh Meeting of Arab Government Experts in the domain of IHL from 19 to 20 September 2018. The participating States presented their efforts and vision on the development of IHL. The meeting also addressed the humanitarian consequences resulting from conflicts and the role of the ICRC and IHL in response, the practical application of IHL on the ground, the protection of medical missions and cultural properties, and the protection of the rights of the missing and their families. Moreover, the various IHL challenges in contemporary armed conflicts were also discussed. The meeting was concluded with a credible, responsible and responsive two-year action plan to be carried out till convening the twelfth meeting by the end of 2020. The plan sets out specific objectives that lays emphasis on the fundamentals required to further strengthen IHL implementation. It prioritizes ensuring the establishment and activation of national committees of IHL (NCIHL) in Arab states, increasing inter-NCIHL cooperation and expertise exchange, legislative adaptation and ratification of or accession to relevant IHL treaties, continuing dissemination of and training on IHL provisions to all government sectors and civil society, and furthering international cooperation and support from LAS and the ICRC IHL Advisory Service Unit. The follow-up committee praises all the efforts exerted in the region amidst such challenging times. We extend our sincere gratitude to the Arab Republic of Egypt and the Egyptian NCIHL for hosting the eleventh meeting. We are grateful for all the contributions by all Arab states, LAS and the ICRC during this meeting and towards the eighth report. The ICRC, in its capacity as a support body to LAS and Arab states, deserve special thanks for their efforts in the compilation and production of this report. These meetings and reports spur efforts across the region and underlines important possibilities for further progress. To conclude, we pledge our continuous commitment to support efforts in the promotion of IHL and upholding its provisions. We ask God Almighty to guide Arab States towards their best interest and their unity. We will continue organizing such meetings and publishing these reports to improve the understanding of IHL, identify and promote best practice, encourage cooperation and dialogue on IHL issues and ultimately to improve implementation and compliance with IHL.

Ambassador Dr. Counselor Dr. Mohamed Al-Amin Weld Akeek Omar Mekky Head of Legal Affairs Sector Regional International Humanitarian Law Coordinator for Middle East and North Assistant Secretary-General of the League of Arab States International Committee of the Red Cross

2. REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION

REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION 17

REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION.

This periodic report marks the 70th anniversary of the 1949 Geneva Conventions (GCs), as well as the 20th anniversary of the Regional Arab Meeting hosted in Egypt by the League of Arab States (LAS) in 1999. The latter meeting is perceived as a turning point in the implementation of international humanitarian law (IHL) in the Arab region, and a cornerstone in LAS and the International Committee of the Red Cross (ICRC) partnership. The 1999 Regional Arab Meeting was co-organized by the Egyptian Ministry of Justice (MoJ), LAS, the Egyptian Red Crescent (ERC) and the ICRC in celebration of the 50th anniversary of the GCs. The meeting resulted in the issuance of the Cairo Declaration on the Implementation of IHL in 1999, where a list of 14 recommendations was issued to strengthen efforts to implement IHL at the national level. The last recommendation included the importance of establishing a follow-up committee composed of different stakeholders to ensure the enforcement of the declaration. On the sidelines of the meeting, LAS and the ICRC signed a memorandum of understanding (MoU) on cooperation in all IHL-related topics. Therefore, this periodic report is not only an update of all the activities and achievements carried out in the field of IHL implementation in the Arab region over the last four years, but it also provides an overview and reflection of the IHL developments in the Arab region collectively in the last 20 years. 18 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

I. HISTORICAL BACKGROUND To follow up on the implementation of the ‘Cairo Declaration’, the First Regional Meeting of Arab Government Experts (hereinafter Arab Experts Meeting1) was held in Cairo from 07 to 09 May, 2001. The meeting was attended by official delegations of fifteen Arab states, representatives of LAS, and representatives from the ICRC. The Arab Experts Meeting adopted the first regional plan of action for the implementation of IHL at the Arab level. Following the recommendations of the plan of action, a committee was formed to follow up on the implementation of the regional plan of action and IHL implementation in the region. The committee consisted of the Legal Advisor of the Secretary-General of LAS, Director of the Legal Division of LAS and the Regional IHL Coordinator of the ICRC. In this regard, the follow-up committee continued to prepare and organize eleven regional Arab Experts Meetings for the national implementation of IHL – the latest of which was held on 19 - 20 September 2018.

YEAR HOSTING COUNTRY 2001 Cairo, Arab Republic of Egypt 2003 Cairo, Arab Republic of Egypt 2004 Cairo, Arab Republic of Egypt 2005 Cairo, Arab Republic of Egypt 2006 Cairo, Arab Republic of Egypt 2007 Cairo, Arab Republic of Egypt 2008 , Kingdom of Morocco 2009 , Hashemite Kingdom of Jordan 2012 , United Arab Emirates 2014 Algeria, People's Democratic Republic of Algeria 2018 Cairo, Arab Republic of Egypt

In the above-mentioned expert meetings, the representatives followed up on the IHL dissemination and training programs, offered support to countries intending to establish a National Committee on IHL (NCIHL) and finally, prepared regional programs within the course of the Council of Arab Ministers of Justice for training on IHL provisions. Following these meetings, a report is published to reflect the developments in the region with regards to the implementation of IHL. It began as an annual report and then, for practical reasons, it was found to be more suitable to have periodic reports. This current report is the eighth periodic report. The previous seven reports were published in the following years, respectively: 2003, 2004, 2005, 2006, 2009, 2011 and 2014.

II. THE ESTABLISHMENT OF NATIONAL COMMITTEES ON IHL Before the adoption of the 'Cairo Declaration’ in 1999, there was only one NCIHL in the Arab region, namely the Yemeni NCIHL. Currently, 19 out of 22 Arab States have an NCIHL. In this reporting period, the Sultanate of Oman established its NCIHL in 2017. • The 19 countries with an NCIHL are: the Hashemite Kingdom of Jordan, the United Arab Emirates (UAE), the Kingdom of Bahrain, the Republic of Tunisia, the People’s Democratic Republic of Algeria, the Kingdom of Saudi Arabia, the Republic of Sudan, the Arab Republic of Syria, the Republic of Iraq, the Sultanate of Oman, the State of Palestine, the State of Qatar, the United Republic of Comoros, the State of Kuwait, the Republic of Lebanon, the State of Libya, the Arab Republic of Egypt, the Kingdom of Morocco and the Republic of Yemen2 - (Ref. below for details on each individual NCIHL).

1 During the last meeting in 2018, it was decided that the name of the «Arab Government Experts Meeting» shall be amended to the «Meeting of the Arab National Committees on International Humanitarian Law» as of the 12th meeting to be held in 2020. 2 The list of countries is written in Arabic alphabetical order. REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION 19

• The three remaining countries pending the establishment of an NCIHL are: Djibouti, the Islamic Democratic Republic of Somalia, and the Republic of Mauritania.

National 20 Committees on IHL in the Arab Region 15

10

5

0 1999 2006 2011 2014 2018

It is evident from this report and from the regional Arab Experts Meetings that these committees have contributed massively to the promotion of the procedures and measures of IHL implementation at the national level.

III. RATIFICATION OF/ACCESSION TO IHL TREATIES The Arab region has ratified and acceded to numerous IHL-related treaties. For the purpose of this report, the treaties are classified as follows: i. Geneva Conventions and their Additional Protocols ii. Treaties on the protection of cultural properties iii. Treaties on the rights of the child iv. Weapon treaties v. Rome Statute of the International Criminal Court, 1998

20 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

i. Geneva Conventions and their Additional Protocols Amongst the above-mentioned five categories of treaties, the highest portion of ratification/accession among Arab states belonged to the category of the GCs and their Additional Protocols (APs). All 22 Arab states are parties to the four GCs. As for the APs: AP I was ratified/acceded to by all Arab states except for Somalia, with only five out of 22 states making declarations under Article 90 on the acceptance of the competence of the International Fact-Finding Commission; AP II was ratified/acceded to by all Arab states except for three states, namely Iraq, Somalia, and Syria; AP III was acceded to by Palestine in 2015, making it the only Arab state party to the treaty.

05/22 Declarations provided for under Article 90 API 21/22 Ratified the GC API (95.5%) 19/22 Ratified22/22 the four GCs (100%) Ratified the GC APII (86%) 01/22 Ratified the GC APIII (4.5%) REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION 21

ii. Treaties on the protection of cultural properties The main treaty in this category is the 1954 Convention on the Protection of Cultural Property in the Event of Armed Conflict (also known as the 1954 Hague Convention), and its two Protocols. The1954 Hague Convention was ratified/ acceded to by 17 Arab states, and its 1954 Protocol I was ratified/acceded to by 14 Arab states.3 However, only 10 states ratified/acceded to the1999 Hague Protocol II,4 with two signatory states, namely Syria and Yemen. It is worth mentioning that Djibouti acceded to all three treaties in 2018, making it the only recorded ratification/accession in this reporting period.5

17/22 Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954 (77%) 14/22 10/22 Protocol I for the Protection of Protocol II for the Protection of Cultural Property, 1954 (64%) Cultural Property, 1999 (45.5%)

It must by noted that in comparison to the global level ratification/accession to the three treaties, Arab states have a relatively higher percentage of ratification.6 iii. Treaties on the rights of the child The main treaties relevant to the rights of the child are the Convention on the Rights of the Child and the Optional Protocol on the Involvement of Children in Armed Conflicts. All Arab states ratified/acceded to the Convention on the Rights of the Child. The last member to ratify the convention is Somalia in 2015. Moreover, most Arab states ratified the Optional Protocol on the Involvement of Children in Armed Conflicts (2000), to which 17 out of 22 are members. Lebanon has been a signatory state since 2002. 7

Convention 22on the Rights/ of22 the Child, 1989 (100%) 17/22 Optional Protocol on the Involvement of Children in Armed Conflicts, 2000 (77%)

3 For a full list of ratification/accession/signature, refer to Annex 4, Table‘ of all the International Humanitarian Law-related Conventions signed/ratified by Arab states’ - (Hague Convention and its Protocols). 4 Ibid. 5 There was an increase in ratification/accession by states in 2004 following the Arab regional celebration of the 50th Anniversary of the Convention for the Protection of Cultural Properties. During the event, states were urged to ratify these instruments. 6 1954 Hague Convention: Arab states around 77% and Worldwide around 67%; 1954 Protocol I: Arab states around 64% and Worldwide around 55%; 1999 Protocol II: Arab states around 45% and Worldwide around 41%. 7 For a full list of ratification/accession/signature, refer to Annex 4, Table‘ of all the International Humanitarian Law-related Conventions signed/ratified by Arab states’ - (Convention on the Right of the Child and Optional Protocol on the Involvement of Children in Armed conflict). 22 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

iv. Weapon treaties The position of Arab states to weapon treaties differ from one treaty to another. Some treaties observed wide-range of ratification/accession by the vast majority of Arab states while others had less. The following chart shows ratification/accession figures with further breakdown provided in the next page.

16/22 Convention17/22 on the Prohibition of the Protocol on the Prohibition of the Use of Development, Production and Stockpiling of Asphyxiating, Poisonous or Other Gases, and Bacteriological (Biological) and Toxin Weapons of Bacteriological Methods of Warfare,1925. and on their Destruction, 1972. 13/22 06/22 Convention on Prohibitions or Restrictions Convention on the Prohibition of Military on the Use of Certain Conventional Weapons or any Other Hostile Use of Environmental which may be Deemed to be Excessively Modification Techniques, 1976. Injurious or to Have Indiscriminate Effects, 1980.

Convention21/22 on the Prohibition of the 14/22 Convention on the Prohibition of the Use, Development, Production and Stockpiling of Stockpiling, Production and Transfer of Anti- Chemical Weapons and on their Destruction, Personnel Mines and on their Destruction, 1997. 1993.

07/22 02/22 The Convention on Cluster Munitions, 2008. Arms Trade Treaty, 2013.

1. Treaties with a wide-range of ratification/accession by the vast majority of Arab states: -  The Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare (1925) – A total of 16 states out of 22 ratified the convention. Palestine was the last to accede to it in 2018 and is Protocol on16 the Prohibition/22 of the Use the only ratification/accession in this reporting period. of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare,1925.

- The Convention on Biological Weapons (1972) – A total of 17 states ratified/acceded to the convention, with three signatory parties since 1972, namely Egypt, Somalia and Syria. Mauritania (2015) and Palestine (2018) were the last states to ratify/accede. Convention 17 on the/ 22Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, 1972.

- The Convention on Chemical Weapons (1993) – All states, except for Egypt, ratified/acceded to the convention. Palestine was the last to accede in 2018, the only ratification/accession in this reporting period. Convention 21 on the/ Prohibition22 of the Development, Production and Stockpiling of Chemical Weapons and on their Destruction, 1993. REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION 23

2. Treaties ratified/acceded to by just over half of the Arab states: - The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to have Indiscriminate Effects (1980) – 13 13/22 states ratified it, with two signatory states since 1981, namely Convention on Prohibitions or Egypt and Sudan. It must be noted that four countries have Restrictions on the Use of Certain Conventional Weapons which may be acceded to the convention in this reporting period: Bahrain Deemed to be Excessively Injurious or to (2016), Algeria (2015), Lebanon (2017) and Palestine (2015). Have Indiscriminate Effects, 1980.

- The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (1997) – 14 states have ratified it with Palestine being the last to accede in 2017, making it the only ratification/ Convention 14 on the Prohibition/22 of the Use, accession in this reporting period. Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, 1997.

3. Treaties with a low number of ratifications/accessions: - The Convention on Cluster Munitions (2008) – there are seven ratifications/accessions for this convention in the Arab region, two of which were in this reporting period by Palestine and Somalia in 2015. Djibouti has been a signatory party since 2010. 07/22 It is worth noting that the region’s figures are relatively low in The Convention on Cluster Munitions, comparison to the worldwide ratifications/accessions. At the 2008. global level, there are 106 state parties to date (i.e. over 50%8); - The Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques (1976) – six countries ratified the convention with Palestine being the latest and only ratification in this reporting period. Moreover, Convention 06 on /the22 Prohibition of there are only four signatory states (Iraq, Lebanon, Morocco and Military or any Other Hostile Use of Syria). Similar to this region's limited ratifications, the worldwide Environmental Modification Techniques, ratification rate for this convention is also significantly low; 1976.

- The Arms Trade Treaty (2013) – the only two ratifications of this 2013 convention were by Mauritania (2015) and Palestine (2017), noting that immediately upon its adoption, several Arab states signed the treaty, yet it was never ratified. This includes Bahrain, 02/22 Comoros, Djibouti, Lebanon, Libya and the UAE. This treaty has Arms Trade Treaty, 2013. the lowest number of ratifications, and it is also substantially lower than the overall worldwide ratification with 101 state parties. v. Rome Statute of the International Criminal Court, 1998 - Five Arab States have ratified/acceded to theRome Statute: Jordan, Tunisia, Djibouti, Comoros and Palestine (2015). Rome Statute 1998 - Ten Arab States have signed the Rome Statute since its adoption. 05/22 Ten signatory states: UAE, Bahrain, Algeria, Sudan, Syria, Oman, Kuwait, Egypt, Morocco and Yemen.

8 The Arab states ratification/accession figures equates to approximately 30%. 24 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

IV- NATIONAL LEGISLATION RELEVANT TO IHL The promulgation of national legislation that incorporate the IHL provisions is a cornerstone of the respect for and implementation of IHL. Therefore, over the years, different Arab states have adopted national legislation to this end. This is done through having stand-alone laws, or through incorporating some of the IHL provisions within the existing national legislation. It must be noted that the ICRC has model laws for different themes which have been made available for the support of the law-making processes.

Below is a list of the national legislation adopted on: 1. Legislation on international crimes 2. Legislation on the protection of cultural property 3. Legislation on the protection of the emblem 4. Legislation on weapons 5. Legislation on other IHL-related topics REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION 25

1. LEGISLATION ON INTERNATIONAL CRIMES The ICRC IHL Advisory Service unit has been heavily involved in the process of preparing and drafting an Arab model law on international crimes that falls under the jurisdiction of the International Criminal Court. It presented the preliminary draft of the law to the Commission of Arab Experts, within the framework of a special committee set up within the Legal Division of LAS. At the final stages, the UAE delegation introduced the necessary modifications before the final draft was presented to the Council of Arab Ministers of Justice on their 21st session, held in Algeria in 2005. This draft law was adopted pursuant to Resolution No. 598 and was then recommended to be used by states as a model law when drafting their national legislation on international crimes. 9 It must be noted that Jordan and Sudan were the first Arab states to use this model law for guidance while drawing up their Military Criminal Code of 2006 and the Armed Forces Act of 2007, respectively. This was followed by a long period of stagnation from Arab states with regards to international crimes legislation. Such stagnation was addressed during a special session in the regional Arab meeting held in Algeria in 2014. The session involved the Arab Inter-Parliamentary Union, in order to study the obstacles impeding the adoption of such legislation and to seek ways to incorporate these international crimes into the penal system of each state as soon as possible. There was finally a breakthrough in 2017 and 2018, when the UAE and Bahrain, respectively, adopted the legislation on international crimes in light of the Arab model law. Unlike Jordan and Sudan, who incorporated the international crimes within their military laws, UAE and Bahrain adopted stand-alone legislation. Nevertheless, the adoption rate by Arab states remains drastically low. It must be noted that some Arab states are currently in the drafting process of national legislation addressing international crimes: Palestine, Kuwait, Egypt and Morocco.

In accordance with the questionnaires sent by Arab states, legislation concerning the incorporation of international crimes into national legislation were divided into four categories:

I. Group One: adoption of stand-alone legislation on international crimes (in accordance with the Arab model draft law)

II. Group Two: integration of international crimes provisions into the military act: a. Integration through a special section b. General integrations of some international crimes only

III. Group Three: integration of international crimes into the penal act: a. General integrations of some international crimes only (directly/indirectly related to IHL)

IV. Group Four: ad hoc tribunals/bodies and laws related to international crimes

9 Refer to Annex 5 for the full text of the ‘Arab Model Law on International Crimes’. 26 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

I. Group One: adoption of stand-alone legislation on international crimes (in accordance with the Arab model draft law):10 • UAE: Federal Decree Law No. 12 of 2017 on International Crimes; • Bahrain: Decree Law No. 44 of 2018 on International Crimes.

Pending- • Palestine: the final draft of the legislation has been completed and pending submission to the ministries. If approved, it would be recommended by the ministries to the Cabinet for approval; • Kuwait: the Kuwaiti NCIHL is currently drafting the draft law which is planned to be submitted to the Parliament by the end of 2019; • Egypt: the act on international crimes approved by the Cabinet of Ministers in October 2014 – pending adoption by the Parliament. II. Group Two: integration of international crimes provisions into the military act: a. Integration through a special section- • Jordan: Military Criminal Code No. 58, 2006 (an amendment to the Military Penal Code, 2002); • Yemen: Military Penal and Procedural Code No. 21, 1998. b. General integrations of some international crimes only- • Jordan: Law No. 20 of 2014 amending the Law No. 23 of 2006 on the Formation of Military Courts; • Bahrain: Decree law No. 34 issuing the Military Penal Code, 2002; • Tunisia: Military Procedural and Penal Code of 1957 and amendments thereto - Code of Military Justice, 1957 (as of 2011); • Algeria: Military Judiciary Law by virtue of order No. 28 of 1971, amended and completed by Law No. 14, 2018; • Sudan: Armed Forces Act, 2007 (using the Arab model draft); • Syria: Military Penal Code issued by virtue of the legislative Decree No. 61 dated, 1950; • Iraq: Military Penal Code, Law No. 19 of 2007, • Oman: Royal Decree No. 110 issuing the Military Jurisdiction Law, 2011 and Royal Decree No. 21 introducing some amendments to the Military Jurisdiction Law, 2014; • Lebanon: Military Judiciary Law No. 24,1968; • Libya: Law No. 37 issuing military punishments, 1974; • Egypt: Military Act No. 25, 1966, as amended. III. Group Three: integration of international crimes into the penal act: a. General integrations of some international crimes only (directly/indirectly related to IHL)-

• Jordan: Amended Law of the Penal Code of 2017, Criminal law No. 27 of 2017 and No. 7 of 2018; • Bahrain: Decree Law No. 15 of 1976 together with amendments of the law issuing the Penal Code; • Tunisia: Criminal Code, 1913 (as of February 2015); • Algeria: Penal Code issued by virtue of Order No. 156,1966 (with its amendments); • Sudan: Criminal Code of 1991; • Syria: Addendum to the Penal Code regarding the involvement of children in hostilities, 2013; • Iraq: Penal Code No. 111, 1969; • Qatar: Penal Code No. 11, 2004; • Lebanon: Penal Code No. 340, 1943 (with its amendments); • Egypt: Law No. 58 issuing the Penal Code and amendments, 1937; • Yemen: Crimes and Penal Code No. 12, 1994.

Pending- • Morocco: 2016 Act amending the Criminal Code was submitted to Parliament pending voting, in addition to the proposal to amend the Penal Code being in its final drafting stages.

10 Law addresses international crimes for international armed conflicts and non-international armed conflicts. REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION 27

IV. Group Four: ad hoc tribunals/ bodies and laws related to international crimes • Iraq: Law No. 10 of 2005 establishing the Supreme Iraqi Criminal Tribunal; • Comoros: Law on cooperation with the International Criminal Court, 2007; • Palestine: Decree No. 8 of 2017 on the establishment of a task force on crimes within the jurisdiction of the International Criminal Court; • Libya: Law No. 29 on transitional justice, 2013 and Law No. 31 on the martyrs of Abu Salim prison massacre, 2013 on crimes against humanity.

2. LEGISLATION ON THE PROTECTION OF CULTURAL PROPERTY The ICRC Advisory Service presented their relevant model law to support the Arab states’ discussions on legislation related to the protection of cultural property. Only a few states have special laws for the protection of cultural property, the latest being Algeria in 1998. Egypt finalized drafting a special law on cultural properties, but it is pending to be presented in the Parliament. Examples of states which adopted special laws and provisions on the protection of cultural property:

• Tunisia: Code for the Protection of Archaeological and Historical Legacy and Traditional Arts, 1994; • Algeria: Law No. 04 on the protection of cultural heritage, 1998; • Syria: Antiquities Law promulgated by Legislative Decree No. 222, 1963 (with its amendments); • Egypt: Penal Code, 1937 mentions protection of cultural properties; • Yemen: Republic Decree Law No. 21 of 1994 on Antiquities (with its amendments).

3. LEGISLATION ON THE PROTECTION OF THE EMBLEM The ICRC Advisory Service prepared a model law for the protection of the emblem that was presented to the Arab states. This was followed by recurrent recommendations during Arab Experts Meetings who called for the enactment of such legislation to ensure the protection of the emblem. The NCsIHL in Egypt and Morocco have revised their respective outdated-law and are awaiting its adoption. Examples of states which adopted special laws and provisions on the protection of the emblem:

• Jordan: Amended Law No. 3 of the Jordan Red Crescent Society, 2009 - integrating provisions and punishments related to the misuse of the emblem; • UAE: Law No. 9 concerning the Red Crescent Organization in the United Arab Emirates, 2002 - reference to the protection of the emblem; • Sudan: Interim Decree Law concerning the Sudanese Red Crescent Society, 2005 - reference made to the emblem in a special section; • Syria: Law No. 36 on the protection of the Red Cross and Red Crescent emblems, 2005; • Palestine: Law No. 15 on the use and protection of the Red Cross, Red Crescent, and Red Crystal emblems, 2015; and Decision of the Council of Ministers No. 10 regulating the Protection of the Red Crescent, Red Cross and Red Crystal Badges, 2018; • Qatar: Law No. 9 on trademarks, commercial indications, trade names, geographical indications and industrial designs, 2002 - reference made to the Red Cross and Red Crescent; • Comoros: Decree 095/PR on the recognition of the Red Cross emblem, 1994; • Lebanon: Decree No. 14657 on the use of the emblem of the Red Cross, Red Crescent and Red Lion and Sun, 1949; • Libya: Decree No. 194 on the use of the Red Crescent emblem, 1981; • Egypt: Law No. 12 and Application Decree on the protection and use of the Red Crescent emblem, 1940; • Morocco: Royal Decree No. 1256-58- of 1958 on the use of the emblem of the Red Crescent11 - a new 2014 law proposal on the use and protection of the emblem is under review by the parliament; • Yemen: Law No. 43 relative to the organization and use of the Red Crescent and red cross emblems and the prohibition of their misuse, 1999.

Pending- National Committees in several states are currently preparing the draft law specifically for the protection of the emblem: e.g. the UAE, Bahrain, Algeria, Tunisia and Qatar.

11 This abrogated the Royal Decree of 15 June 1942 (30 Joumada I 1361) on the use of the emblem of the Red Cross 28 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

4. LEGISLATION ON WEAPONS I. Landmines: The ICRC Advisory Service prepared a draft law on the implementation of the ‘Convention on the Prohibition of Anti-Personnel Landmines’ in Arabic. It was distributed among the Arab states which ratified the convention. Five Arab states – Jordan, Djibouti, Sudan, Mauritania and Yemen – have adopted a special set of laws to prevent mines. Moreover, Tunisia issued a decree establishing a special committee to monitor the implementation of the Anti- Personnel Mine Ban Convention of 2003.

Examples of states which adopted special laws and provisions to prevent mines: • Jordan: Law No. 10 on the Prohibition of Anti-Personnel Mines, 2008; • Tunisia: Decree No. 1266 creating a National Committee Monitoring the implementation of the Anti- Personnel Mine Ban Convention, 2003; and Decree No. 233 establishing a public administrative establishment called the “Center of Excellence for Humanitarian Demining and the Fight against IEDs”, 2018. • Djibouti: Act implementing the Ottawa Convention, 2006 (i.e. the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction); • Sudan: Sudan Mine Action Act, 2010 • Mauritania: Law No. 06 on the Prohibition of Anti-Personnel Mines, 2008; • Yemen: Law No. 25 on the Prohibition of Producing, Possessing, Using, Transferring and Trading with Anti- Personnel Mines, 2005.

Examples of states with general laws on the use of weapons referencing mines (directly or indirectly): • Algeria: Executive Decree No. 98 - 96 of 1998 laying down detailed rules for the application of Ordinance No. 97 - 06 of 1997 relating to military equipment, weapons and ammunition; • Kuwait: Law No. 35 concerning crimes involving explosives, 1985; • Libya: Law No. 2 on sentencing for some types of weapons, explosives and ammunition, 2014; and Law No. 7 on the possession of weapons, ammunition and explosives, 1981; • Morocco: Royal Decree No. 1-58-286 of 1958 on restraining violations of the legislation pertinent to weapons, ammunition and explosive devices.

II. Chemical and biological weapons: The ICRC Advisory Service circulated guidelines concerning legislation to enforce treaties on chemical and biological weapons. Several states passed legislation in light of these guidelines including: Bahrain, Tunisia, Algeria, , Saudi Arabia, Sudan, Oman, Qatar, and Yemen. The corresponding legislation are as follows:

• Bahrain: Ministerial Resolution No. 5 on the establishment and formation of the National Committee for the Prohibition of the Creation, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, 2011; • Tunisia: Decree No. 626 creating a National Authority in accordance with the provisions of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1999; and Law No. 22 relating to the prohibition to develop, produce, stockpile and use chemical weapons, 2007; • Algeria: Law No. 09 prohibiting violations against the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 2003;12 • Saudi Arabia: Implementation Act of the “Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction”, 2005 issued by virtue of the Cabinet of Ministers Resolution No. 261; • Sudan: Law on the Prohibition of Chemical Weapons Act, 2004; • Oman: Royal Decree No. 21 on the regime for the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1997; • Qatar: Law No. 4 on the use of biological weapons, 2016; and Law No. 16 on the prohibition of chemical weapons, 2013;

12 Repressing crimes violating the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION 29

5. LEGISLATION ON OTHER IHL-RELATED TOPICS: Some Arab states have adopted national legislation that addressed other IHL topics such as child protection and prohibition of torture. On the other hand, international crimes are addressed within other legislation, such as in the incitement of the war crimes, crimes against humanity and genocide in legislation related to press, printing and publishing. The following are examples of such legislation by some Arab states: • Algeria: Law No. 12 on Child Protection, 2015;13 • Tunisia: Decree Law on the freedom of press, printing and publishing, 2011;14 Organic Law on the national authority for the prevention of torture, 2013; Organic Law No. 26 on the fight against terrorism and the repression of money laundering, 2015; Code of Child Protection, 1995; Organic Law No. 61 on the prevention and fight against trafficking in persons, 2016; Decree No. 2016-1382, modifying Decree No. 2014-2887 establishing Criminal Chambers Specialized in Transitional Justice;15 Organic Law No. 2018-2, approving the accession of the Republic of Tunisia to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. • Lebanon: Law No. 105 on the missing and forcibly disappeared persons, 2018; • Libya: Law No. 10 on the criminalization of torture, forced disappearances and discrimination, 2013; • Morocco: Law No. 88.13 on press and publication, 2016.16

V- IHL DISSEMINATION AND TRAINING Since 1999, a lot has been achieved in the IHL dissemination and training programs. The Regional ICRC IHL Advisory Service, in cooperation with Arab governments, targeted several categories related to the implementation of IHL at the national level. These categories varied from government personnel to academics and civil servants. They included judges, diplomats, parliamentarians, national committee members, armed and security forces, and other government personnel concerned with the implementation of IHL, academics and civil servants. The following section will present an overview of the regional and national efforts toward the dissemination of IHL.

1 - Dissemination at the regional level I. Regional Arabic Courses on IHL (inclusive of all categories mentioned above) a. Basic Regional Arabic Courses on IHL (A basic 10-day intensive introductory course) The Basic Regional Arabic Course on IHL was introduced in 2004 as a result of a resolution adopted by LAS Council of Ministers. The resolution was issued to train and sensitize Arab government officials on IHL rules and principles. In 2009, the objective was further expanded on by the ICRC and LAS to foster a unified regional IHL forum that brings together a wider target audience. The audience would include government and non-governmental personnel: (1) government officials from various Arab States who are involved in IHL implementation at the national level, (2) university professors in charge of incorporating IHL into the universities’ academic curricula, and (3) Muslim scholars active and interested in comparative studies on IHL and Islam. The main purpose of those 10-day intensive introductory courses is to enable the participants to acquire the necessary basic IHL knowledge and skills to effectively participate in the process of national implementation and teaching of IHL in their respective countries. It also aims to build capacities and large networks of people working in different entities for better awareness of and respect for IHL in the region. Moreover, the course is designed to qualify a selected number of participants who have the sufficient level of capacity to be IHL trainers through providing them with the subsequent advanced IHL Training of Trainers (ToT) course.

13 Articles 2 and 6. 14 Reference to incitement in relation to war crimes, crimes against humanity and other crimes (noting that if the war crimes and crimes against humanity were committed as a result of the previously mentioned incitement, the latter would be punishable as a war crime and/or crime against humanity – i.e. it would amount to an international crime); 15 Article 8: “Specialized judicial chambers shall be established by decree in the trial courts located in the premises of appellant courts. […] chambers shall adjudicate cases pertaining to gross human rights violations pursuant to the international conventions ratified and in keeping with the provisions of the law herein…[…]. 16 Article 72 reference to incitement in relation to war crimes, crimes against humanity and other crimes (Ref. footnote 14) 30 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

This course is carried out bi-annually since 2004. The following courses have been implemented from 2004 to 2018: 2004-2008 The IHL Regional Arabic Courses were carried out to different target groups separately No. of No. of No. Year Target group Location Date Participants States

1 2004 Arab government officials , Lebanon 31 May - 11 June 53 16 2 2005 Arab government officials Beirut, Lebanon 30 May - 10 June 51 15 Academic Circles 29 August - 3 2005 Beirut, Lebanon 36 18 (University Staff) 04 September 4 2006 Arab government officials Beirut, Lebanon 05 June - 16 June 45 19 5 2007 Arab government officials Beirut, Lebanon 23 April - 04 May 46 18 6 2007 Academic Circles Cairo, Egypt 18 June - 28 June 35 16 7 2008 Arab government officials , Tunisia 05 May - 16 May 37 16 8 2008 Academic Circles Tunis, Tunisia 07 July - 18 July 33 15

2009-Present The ICRC and LAS amended the objective of the course in 2009 to foster a unified regional IHL forum in the region. The target group of the IHL course thus combined: government officials, academic circles, and Islamic scholars. No. of No. of No. Year Target group Location Date Participants States 9 2009 ALL17 Beirut, Lebanon 23 February - 6 March 59 18 10 2010 ALL Beirut, Lebanon 25 January - 5 February 54 17 11 2010 ALL Beirut, Lebanon 29 March - 9 April 52 16 12 2011 ALL Beirut, Lebanon 07 March - 18 March 50 17 13 2012 ALL Beirut, Lebanon 06 February- 17 February 45 15 14 2012 ALL Beirut, Lebanon 05 March - 16 March 51 15 15 2013 ALL Beirut, Lebanon 04 February - 15 February 68 16 16 2014 ALL Beirut, Lebanon 03 February- 14 February 53 15 17 2014 ALL Beirut, Lebanon 03 March - 14 March 54 16 18 2015 ALL Beirut, Lebanon 02 March – 13 March 91 21 19 2015 ALL Beirut, Lebanon 06 April – 17 April 51 16 20 2016 ALL Beirut, Lebanon 22 February – 01 March 51 18 21 2016 ALL Tunis, Tunisia 18 April – 27 April 52 22 22 2017 ALL Beirut, Lebanon 20 February- 28 February 69 22 23 2017 ALL Tunis, Tunisia 17 April – 26 April 61 23 24 2018 ALL Beirut, Lebanon 19 February – 27 February 55 19 25 2018 ALL Tunis, Tunisia 23 April – 02 May 80 24 Total No. of courses: 25* Total No. of trainees: 1302*

* In this reporting period, eight Regional Arabic Courses on IHL were completed, and 480 participants acquired in- depth knowledge on IHL.

17 The combined target groups officials (Ministry of Defence, Ministry of Interior, Ministry of Foreign Affairs, Ministry of Justice), academic circle (university staff and independent scholars), Islamic scholars (relevant to IHL and Islam), other audience relevant to IHL (ICRC staff, National societies, other civil society members). REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION 31

b. Regional Arabic Training of Trainers (ToT) Course on IHL: A special ToT course on IHL was launched in 2009. It provides an opportunity for previous participants in the Basic Regional Arabic Course on IHL to be trained as specialists in the domain of IHL dissemination. The selection of the participants depends on the level of relevance and potential influence in IHL implementation and dissemination, and their level of participation during the Basic Regional IHL Course. This only includes the participants from Arab states, unlike the Basic Regional IHL Course, this course does not include non-Arab Islamic states.

No.of No. of No. Year Target group Location Date Participants States Regional Arabic ToT Beirut, Lebanon 26 January - 06 February 1 2009 Course on IHL 37 15 Presentation Skills 2 2010 Course for IHL Beirut, Lebanon 08 February - 11 February 17 7 Trainers* Presentation Skills 3 2010 Course for IHL Cairo, Egypt 31 May - 03 June 19 11 Trainers* Regional Arabic ToT Beirut, Lebanon 04 April - 15 April 4 2011 Course on IHL 31 16 Regional Arabic ToT Beirut, Lebanon 01 April - 12 April 5 2013 Course on IHL 44 15 Regional Arabic ToT Rabat, 16 January - 27 6 2017 39 14 Course on IHL Morocco January Regional Arabic ToT Rabat, 15 January - 26 7 2018 43 13 Course on IHL Morocco January Total No. of courses: 7** Total No. of trainees: 228*

* During 2010, a special presentation skills course for IHL trainers was organized. However, this was merged within the ToT courses starting 2011. ** In this reporting period, two ToT courses were carried out successfully, training 82 trainers to carry out IHL dissemination and trainings on their own.

II. Regional Course on IHL for Arab Judges and Arab Diplomats Among the recommendations adopted in previous regional plans of action are ones that called for the establishment of specialized regional centers to train judges and diplomats on IHL. These recommendations were mentioned several times and were eventually materialized for judges in 2004 and for diplomats in 2005 through the signing of MoUs between the ICRC and entities-of-concern to formalize the agreements and the trainings.18 Generally, one annual IHL regional training course takes place interchangeably between judges and diplomats: one year would be reserved for the judges and the other for diplomats.

a. Regional Course on IHL for Arab Judges In 2003 and 2004, the ICRC organized two courses in collaboration with the National Center for Judicial Studies affiliated to the MoJ in Egypt. A total of 70 judges from 17 Arab States participated in the two courses. Subsequently, after several recommendations adopted in the regional plans of action for Arab states, the Kuwaiti government eventually took the initiative to host such trainings regularly. The Kuwait Center for Legal and Judicial Studies thus negotiated with the ICRC over the creation of a regional IHL training center for judges and public prosecutors on IHL within the Kuwaiti center. On 12 October 2004, an MoU was signed between the government of Kuwait and the ICRC regarding the official establishment of this regional center.19

18 Refer to Annex 6 and Annex 7 for the MoUs between the ICRC and entities-of-concern on the establishment of a specialized regional centers to train judges and diplomats on IHL in 2004 and 2005, respectively. 19 The MoU stipulates in Article III, paragraph two, that “this agreement shall remain valid for five years, automatically renewable for similar period(s) unless either party expresses willingness, through the usual diplomatic channels, to terminate the agreement at least six months prior to its expiration”. Consequently, the MoU was renewed two times so far, with the upcoming renewal date scheduled to take place on 12 October 2019. 32 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

To date, seven courses were organized in the IHL regional training center for judges in the Kuwaiti center as follows:

No. Duration No. of Participants No. of States 1 First Course (05 - 09 March, 2005) 30 10 2 Second Course (10 - 14 March, 2007) 30 11 3 Third Course (03 - 06 November, 2008) 23 10 4 Fourth Course (12 - 15 December, 2010) 32 15 5 Fifth Course (13 - 17 January, 2013) 36 16 6 Sixth Course (18 - 21 January, 2015) 35 14 7 Seventh Course (02 - 04 May, 2017) 45 14 Total No. of Participants 231

b. Regional Course on IHL for Diplomats: In response to the recommendations adopted in several regional plans to establish a specialized entity to train Arab diplomats, the UAE took the initiative to implement these recommendations. The UAE Diplomatic Institute worked to establish a regional training center to train Arab diplomats on IHL. It entered negotiations with the ICRC until the UAE government and the ICRC eventually signed an MoU on 27 November 2005, to establish this regional center.20 From 2006 to 2018, seven courses were organized in the regional IHL training center for diplomats in the UAE Diplomatic Institute:

No. Dates No. of Participants No. of States 1 First Course (19 - 22 November, 2006) 23 19 2 Second Course (02 - 06 March, 2008) 28 18 3 Third Course (08 - 11 March, 2010) 43 17 4 Fourth Course (07 - 10 May, 2012) 32 13 5 Fifth Course (06 - 09 April, 2014) 30 13 6 Sixth Course (09 - 12 October, 2016) 23 14 7 Seventh Course (02 - 05 April, 2018) 29 14 Total No. of Participants 242

III. Other IHL Trainings and Dissemination a. Meetings with Arab Members of Parliament: The ICRC commenced bilateral cooperation with the Arab Parliament in 2001 to enhance the system of IHL application. It embarked on a process of cooperation with the Arab Parliamentary Union to appeal to Arab parliaments and support the adoption of national legislation to enforce IHL-related provisions at the national level within each state. The first regional meeting with Arab parliament members took place in , Syria from 20-22 November 2005. The Syrian People’s Assembly participated in the organization of this meeting alongside the Arab Inter-Parliamentary Union and the ICRC. In 2010, the second regional meeting took place in Cairo, Egypt. It was likewise organized by the People’s Assembly of Egypt, the Arab Inter-Parliamentary Union and the ICRC. This was accompanied by the support of several Arab parliaments for bilateral cooperation through organizing several courses for members of parliament. In the last few years, these regional meetings seized to take place, however, the interaction between the ICRC and the different Arab Parliaments regarding IHL-related matters is maintained on the bilateral level. It is also worth mentioning that the ICRC has started to cooperate with LAS-based Arab Parliament in order to explore areas of common interest in regards to IHL implementation.

20 The MoU stipulates, in Article III, paragraph two, that “this agreement shall remain valid for four years, automatically renewable for similar period(s) unless either party expresses willingness, through the usual diplomatic channels, to terminate the agreement six months prior to its expiration”. Consequently, the MoU was renewed three times so far, with the upcoming renewal date scheduled for 27 November 2021. REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION 33

b. IHL Training on the Prevention of Sexual Violence In 2016 and 2017, the ICRC conducted regional trainings on IHL and the Prevention of Sexual Violence against Women in Armed Conflicts. The training was organized in coordination with the Women, Family and Childhood department at LAS. It focused on the prevention of sexual violence in armed conflict and other situations of violence, and the applicable legal framework. The training targeted LAS Secretariat staff, representatives of member states concerned with the issue of women and children, and other interested participants from LAS.

c. IHL Regional Training to Armed Forces Representatives in the Arab States The ICRC conducts annual Arab Training Courses on IHL Provisions for Armed Forces Representatives in the Arab States in cooperation with the Military Affairs Department of the Arab National Security Sector of LAS in Cairo, Egypt. Participants are mainly Arab military officers working either in military jurisdiction or in operations and training in addition to some interested participants from LAS. To date, ten regional trainings have been carried out for armed forces representatives, the last of which was in December 2017. From 2007 to 2018, ten regional IHL training courses were organized for armed forces representatives in Arab states in LAS Headquarters (Cairo, Egypt):

No. of high ranking No. of participating No. Date officers from the countries armed forces22 1 29 July 2007 - 02 August, 2007 19 12 2 29 April - 06 May, 2008 21 13 3 22 March - 26 March, 2009 31 13 4 14 March - 17 March, 2010 22 14 5 24 June - 28 June, 2012 23 14 6 16 June - 20 June, 2013 17 10 7 19 May - 22 May, 2014 19 11 8 04 May - 07 May, 2015 18 10 9 10 April - 13 April, 2016 19 11 10 18 December - 21 December, 2017 17 9 Total No. trainees from the armed forces: 228* * In this reporting period, three Arab Training Courses on IHL Provisions for Armed Forces Representatives in the Arab States were successfully carried out, training 54 high-ranking officers from the armed forces of different Arab states.

d. National Dissemination In the past 20 years, it was evident that national efforts have been exerted towards the national dissemination of IHL in Arab states. The Arab governments, and their respective NCIHL, in coordination with the ICRC, have worked towards disseminating IHL as wide as possible with special attention given to judges, diplomats and parliamentarians. These dissemination activities helped create a conducive environment for IHL enforcement through sensitizing as much of the relevant population and creating specialized calibers and staff who would play a vital role in the national implementation of IHL. These efforts are reflected in the national reports that have been submitted by states Ref.– below. The reports reflect an increasing interest across Arab countries, which have taken several procedures in the implementation and dissemination of IHL.

IV. Publications a. Training Manual for Judges on the Provisions of IHL -Volume 1 The first volume of the “Training manual for judges on the provisions of IHL was issued by the Kuwait Institute for Judicial and Legal Studies and the ICRC. It includes introductory lectures presenting the various elements of IHL, as well as some models of practical trainings and moot courts.

b. Training Manual for Judges on the Provisions of IHL -Volume 2 The second volume of the “training manual for judges on the provisions of IHL was, also issued by the Kuwait Institute for Judicial and Legal Studies and the ICRC. It complements the first volume and includes simplified content on the legal aspects of basic IHL lectures.

21 It must be noted that on average an additional 10 LAS staff members also participate in this event. However, for the purpose of this report, the number of participants recorded in the table is restricted to armed forces representatives.

3. REGIONAL PLAN OF ACTION ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AT THE LEVEL OF ARAB STATES (2018-2020)

REGIONAL PLAN OF ACTION) 2018 - 2020( 37

REGIONAL PLAN OF ACTION ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AT THE LEVEL OF ARAB STATES (2018-2020)

(Adopted at the conclusion of the Arab Government Experts Meetingi held in Egypt on September 20th, 2018)

Affirming the obligation to respect IHL and ensure that all parties concerned respect it under all circumstances, Recalling the recommendations of the regional meetings of parliamentarians and Arab legislators regarding the legislative aspects of the implementation of IHL, which emphasize that the obligation to respect IHL and ensuring others respect for this law can only be achieved via adoption of the necessary legislative, legal and administrative measures at the national level, Taking into consideration the desired objectives of the establishment of a regional judicial center in Kuwait and a regional center for diplomats in the United Arab Emirates and the resolution of the Council of Arab Ministers of Justice to assign the Center for Legal and Judicial Studies of the League of Arab States in Beirut to hold two regional annual IHL courses, as well as the desired objectives of the efforts exerted at the national level to hold training courses for the dissemination of IHL provisions in various Arab states, Expressing the importance of building on the progress in the implementation of IHL at the Arab level through the implementation of the previous regional plans of action, Taking into consideration the relevant developments of IHL implementation at the national, regional and international levels, The participants of the Eleventh Meeting of Arab Government Experts and representatives of the National Committees of International Humanitarian Law held in Egypt 2018 adopted the following Plan of Action in line with the defined priorities for the period 2018/2020.

FIRST: NCsIHL 1. Continue the efforts to establish national committees of IHL in Arab states that have not yet established such committees to provide advice to state authorities on the implementation and dissemination of IHL. 2. Increase coordination and exchange of expertise and visits among existing national committees, and between these committees and the entities involved in the study of the establishment of national committees, and call upon the Follow-up Committee on the Implementation of IHL to develop and carry out programs for such coordination and exchange. 3. Urge governments to continue providing all necessary needs and capabilities to Arab NCsIHL to enhance their role in accordance with the developments in the implementation and dissemination of IHL.

i. Amending the name of the "Arab Government Experts Meeting" to the "Meeting of the Arab National Committees of International Humanitarian Law" as of the 12th meeting to be held in 2020. 38 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

SECOND: LEGISLATIVE ADAPTATION AND RATIFICATION OF RELEVANT INTERNATIONAL CONVENTIONS 1. Continue national studies and research on the accessionii to IHL conventions that have not yet been acceded to. 2. NCsIHL continue to review the national legislation of each state with a view to issuing recommendations on how to adapt the legislation to the international obligations arising from IHL conventions that the state has acceded to, in particular regarding combating war crimes, protection of the emblem, protection of cultural property, regulating means and methods of warfare, and protection of the rights of missing persons and their families. 3. Call upon the NCsIHL, Arab Parliaments, Arab Inter-Parliamentary Union and the International Committee of the Red Cross to cooperate in supporting the efforts of Arab parliaments to adopt legislation relevant to the implementation of IHL at the national level. 4. Call upon the IHL Follow-up Committee, in cooperation with a group of Arab experts, to develop a compilation of model laws relevant to IHL, and to prepare specialized courses for developing legislations in the field of IHL.

THIRD: IHL TRAINING AND DISSEMINATION 1. Continue and support national and regional activities for the dissemination of IHL to the concerned state authorities, in particular civil servants, judges, prosecutors, military justice, diplomats, and parliamentarians. 2. Continue efforts to incorporate IHL into military training programs and civil education programs, particularly university courses in the faculties of law, media and political science, and the NCIHL support to the Ministry of Education to incorporate main concepts of IHL into basic education. 3. Continue efforts to incorporate main concepts of IHL and relevant laws into training programs of security forces. 4. Urge NCsIHL to continue their IHL dissemination programs for media circles and civil society organizations. 5. Support the efforts of the national societies of the Red Crescent and the Red Cross in disseminating IHL provisions in the Arab region.

FOURTH: INTERNATIONAL COOPERATION 1. Urge the Follow-up Committee to continue compiling data on the implementation of IHL at the regional level and the legislative and practical measures taken to facilitate the exchange of information and documents among the various Arab states and to issue the Arab report on the implementation of IHL. 2. Establishment of an IHL portal on the website of the League of Arab States that comprises the laws related to the NCsIHL as well as the reports, recommendations and all the outcomes of the meetings organized within the framework of the League of Arab States and call upon the Arab states to appoint an official to maintain contact with the Follow-up Committee to ensure the establishment of links and exchange of information. 3. Call upon the ICRC Advisory Services Unit to continue efforts via national and regional meetings to provide technical support and legal advice to government and academic entities concerned with the implementation and dissemination of IHL to put this plan into action and call upon the Follow-up Committee to follow up and facilitate carrying out the plan. 4. Call upon the League of Arab States to establish a Standing IHL Committee responsible for following up the implementation of IHL at the national and regional levels and appeal to the legal department of the League of Arab States to designate a temporary framework till the establishment of the Standing Committee. 5. Call for the provision of technical and legal support to the NCIHL in the State of Palestine and enhance cooperation with it to carry out its responsibilities towards implementing IHL in view of its special circumstances.

In conclusion, the participants would like to thank the Government of Egypt and the NCIHL in Egypt for hosting this conference.

ii This term means any international procedure under which the State establishes its consent at the international level to be bound by a treaty (article 2 (1) (b) of the 1969 Vienna Convention on the Law of Treaties) REGIONAL PLAN OF ACTION) 2018 - 2020( 39

List of Participants of the Eleventh Meeting of Arab Government Experts on the National Implementation of IHL – Cairo, Egypt (19 - 20 September 2018)

No. Name Occupation/ Position

Hashemite Kingdom of Jordan Retired Lieutenant General Mamoun Mohamed 1 President of the NCIHL Saeed Al Khasawneh 2 Dr. Mohammed Salim Ibrahim Al Tarawneh Judge - Member of the NCIHL 3 Dr. Muhannad Ali Ibrahim Hijazi Member of the NCIHL Professor of Criminal Law, Amman National University - 4 Dr. Emad Mohammed Ahmed Rabie Member of the NCIHL University Professor, University of Jordan, Faculty of Law - 5 Dr. Omar Saleh Al Akour Member of the NCIHL United Arab Emirates Head of the NCIHL Division - Human Rights Department, Mr. Mansour Aljwaied 6 Ministry of Foreign Affairs and International Cooperation Director of the Department of International Law, Ministry of Mr. Abdullah Hamdan Al Naqbi 7 Foreign Affairs and International Cooperation Legal Researcher, Department of International Law, Ministry of 8 Ms. Noura Saif Al Ali Foreign Affairs and International Cooperation - Rapporteur of the NCIHL Kingdom of Bahrain 9 Mr. Mansour Ahmed Al Mansour Brigadier General / Judge / Vice President of the NCIHL Director of Legal Affairs Department, Ministry of Foreign Affairs, Mr. Mohammed Abdul Rahman Al Haidan 10 Kingdom of Bahrain 11 Judge. Nagat bin Saleh Judge on a mission to the Ministry of Justice 12 Mr. Kamal El Din bin Hassan Judge on a mission to the Ministry of Justice Kingdom of Saudi Arabia President of the Saudi Red Crescent Authority - President of the Dr. Mohammed Bin Abdullah Al Qassim 13 Standing Committee of IHL 14 Mr. Ali Yousef Al Duaiji Member of the Standing Committee of IHL (Ministry of Defence) Director General of the Legal Department of the Saudi Red 15 Mr. Abdul Aziz Nasser Al Dwayyan Crescent Authority and member of the Standing Committee of IHL Republic of Sudan 16 Dr. Ebtisam Kamel Najmuddin Legal Advisor - Ministry of Justice Sultanate of Oman 17 Mr. Mohammed Bin Salem Al Yacoubi Representative of the Omani NCIHL 18 Mr. Mohammed bin Hamoud Al Dohali Representative of the Omani NCIHL State of Palestine Ambassador - Assistant Minister of Foreign Affairs and Mr. Ammar Hijazi 19 Expatriates for Multilateral Relations 20 Ms. Ola Qawasmi Legal Advisor at the Ministry of Foreign Affairs and Expatriates 40 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

No. Name Occupation/ Position

State of Qatar Director of the Undersecretary Office, Ministry of Justice - Mr. Khaled Mohammed Al Khamis Al Obeidly 21 Rapporteur of the NCIHL (legal) Director of Legal Affairs, Ministry of Higher Education - Member Mr. Mohammed Iskandar Al Qadi 22 of the NCIHL Director, Department of International Health Relations, Ministry Mr. Abdul Latif Ali Al Abdullah 23 of Public Health - Member of the NCIHL State of Kuwait 24 Mr. Abdul Latif Sareaa Abdulrahman Al Sareaa Deputy Minister 25 Mr. Osama Sulaiman Al Dhawikh Director of International Relations Department 26 Mr. Ayman Othman Al Mohareb Director of the Office of the Undersecretary 27 Mr. Abdullah Saud Jendil Transactions Administrative Coordinator Assistant Republic of Lebanon 28 Judge Khayria Maysam Al Nuwairi Director General of the Ministry of Justice State of Libya Mr. Mohammed Abdulwahad Abdulhamid Minister of Justice 29 Mohamed 30 Mr. Nasser Faraj Al Ghita Advisor to the Minister of Justice Arab Republic of Egypt 31 Counselor. Mohamed Hossam Abdel Rahem Minister of Justice, Chairman of the NCIHL 32 Counselor. Mohamed Eid Mahgoub First Assistant to the Minister of Justice Assistant Minister of Justice for Human Rights, Women and Counselor. Susan Abdel Rahman Fahmy 33 Children, and Secretary General of the NCIHL 34 Counselor. Mohamed Sabry Rapporteur of the NCIHL 35 Counselor. Diana Maged Gobran Member of the Technical Secretariat of the NCIHL 36 Counselor. Azza Mohamed Abdel Latef Member of the Technical Secretariat of the NCIHL 37 Colonel. Wael Abdelmoneim Representative of the Ministry of Defence in the NCIHL 38 Ambassador. Mohamed Mounir Representative of the Ministry of Foreign Affairs in the NCIHL 39 Dr. Momena Kamel Secretary General of the Egyptian Red Crescent Kingdom of Morocco 40 Dr. Farida AlKhalmechy Chair of the NCIHL Lawyer and Representative of the National Council for Human Captain Mohammed Mustafa Al Risouni 41 Rights in the NCIHL Judge at the Court of Cassation - Advisor to the Minister of Mr. Ibrahim El-Kernawi 42 Justice - Member of the NCIHL Republic of Yemen 43 Ambassador. Riyad Al Akbari Permanent Representative to the League of Arab States 44 Counselor. Ahmed Ajrom Advisor to the Mission 45 Counselor. Adeeb Al-Thawr Advisor to the Mission 46 Third Secretary. Shaifah Ahmed Third Secretary to the Mission REGIONAL PLAN OF ACTION) 2018 - 2020( 41

No. Name Occupation/ Position

Arab Inter-Parliamentary Union Deputy Chairman of the Legislative, Legal and Human Rights Ms. Dalal Jassim Al Zayed 47 Committee of the Arab Parliament 48 Mr. Khalid Bin Abdullah Rashid Al Buainain Member of the Arab Parliament 49 Mr. Adel Fathi Salah General Secretariat of the Arab Parliament Arab Red Crescent and Red Cross Organization Director of the IHL Department of the Arab Red Crescent and Dr. Mohammed Al Nadi 50 Red Cross Organization Assistant Director of the IHL Department of the Arab Red Cross Mr. Ali Mohammed Koman 51 and Red Cross Organization (Legal researcher) International Committee of the Red Cross 52 Mr. Tristan Ferraro ICRC Senior Legal Advisor, Legal Division - Geneva ICRC Legal Advisor, Head of the Advisory Services on IHL - Mr. Benjamin Charlier 53 Geneva 54 Mr. Christophe Bourdon ICRC Regional Missing Advisor - Amman 55 Mr. Willem De Jong ICRC Head of Regional Affairs - Near and Middle East 56 Mr. Ronald Ofteringer ICRC Head of Delegation- Cairo 57 Judge Omar Mekky ICRC Regional IHL Coordinator - Middle East and North Africa 58 Ms. Injy Aboueloyoun ICRC Regional Legal Advisor - Cairo 59 Ms. Noura elGuindy ICRC IHL Administrative Assistant - Cairo 60 Ms. Sally Talal ICRC Interpreter and Translator - Cairo

4. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL

STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 45

STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL

1. Hashemite Kingdom of Jordan 2. United Arab Emirates 3. Kingdom of Bahrain 4. Republic of Tunisia(*) 5. Democratic Popular Republic of Algeria 6. Djibouti(*) 7. Kingdom of Saudi Arabia 8. Republic of Sudan 9. Arab Republic of Syria(*) 10. Democratic Republic of Somalia(*) 11. Republic of Iraq 12. The Sultanate of Oman 13. State of Palestine 14. State of Qatar 15. Republic of Comoros(*) 16. State of Kuwait 17. Republic of Lebanon 18. State of Libya 19. Arab Republic of Egypt 20. Kingdom of Morocco 21. Islamic Republic of Mauritania(*) 22. Republic of Yemen

46 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

1. HASHEMITE KINGDOM OF JORDAN

I. CONVENTIONS

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I additional to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction (with Annex), 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectable Fragments,1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices, 1996. (Original form in 1980). - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (Ottawa Treaty), 1997. - Rome Statute of the International Criminal Court, 1998. - Protocol II Additional to The Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, 1999. - Optional Protocol of the Convention on the Rights of the Child Regarding the Involvement of Children in Armed Conflicts, 2000.

II. Major achievements of the NCIHL from 2015 to 2018: - Enacting Law No. 5 on the NCIHL in 2016, replacing the temporary Law No. 63 of 2002. This entails that the NCIHL is currently established based on a permanent law rather than a temporary law. - The NCIHL managed to integrate IHL courses in the academic curricula of the faculties of law in public and private universities. Moreover, in coordination with the armed forces, the committee integrated IHL in military science and national studies curricula.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Organizing several one-day academic events and panel discussions for IHL dissemination with several public and private universities, the Judicial Institute, the Diplomatic Institute and the Police Academy. - Organizing IHL moot court competitions for university students.

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats): - Organizing meetings on IHL for parliamentarians, ministries' legal advisors, civil and military judges, syndicate of journalists and media professionals, and diplomats. This is carried out in accordance with the annual plan of action. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 47

3. At the level of government forces (armed and security forces) - Signing MoUs with the military judiciary and public security.

4. At the level of general public including civil society and media - Conducting IHL sessions to many civil society organizations in various IHL-related topics. - Organizing several activities, including trainings on the protection of journalists during armed conflicts, in cooperation with the Syndicate of Journalists and media professionals.

IV. Integration of IHL in curricula - Organizing several meetings with the armed and security forces with the aim of integrating and introducing IHL for university students in military science and national studies. Also, IHL has been integrated in the curriculum of the Police Academy and the College of Command and Staff. - Integrating IHL in the curricula for the students of the faculties of law and postgraduate studies, in addition to coordinating with the Ministry of Education to integrate IHL in the National Studies Curriculum as a continuation of the program of exploring IHL.

V. Other activities - Organizing several local and bilateral IHL events. - Establishing a partnership and cooperation agreement with the Moroccan NCIHL. This partnership witnessed local and bilateral events. - It must be noted that the lack of financial resources hinders the possibility of hosting other events related to healthcare in danger activities initiated by the ICRC. - Participating in the regional IHL trainings in Beirut and Tunis.

VI. Way forward - There is an annual and a periodic plan of action. According to the plan of action, the upcoming period will focus on training targeted groups, holding moot courts for universities, IHL lectures every two months for all sectors and civil society organizations. - Currently, there are ongoing efforts to ratify Additional Protocol III to the Geneva Convention and the conventions related to the prohibition of certain types of weapons.

48 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

2. UNITED ARAB EMIRATES

I. Conventions

Conventions ratified - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction (with Annex), 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectabe Fragments, 1980. - CCW Protocol II on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Protocol V on Explosive Remnants of War, 2003.

Conventions signed - Rome Statute of the International Criminal Court, 1998. - Arms Trade Treaty, 2013

II. Major achievements of the NCIHL from 2015 to 2018: - Enacting the International Crimes Law No. 12 in 2017. - Following up and issuing recommendations on IHL-related legislation. - Encouraging the inclusion of IHL in educational and training curricula. - Conducting continuous dissemination sessions on IHL for relevant entities.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Holding dissemination sessions to introduce IHL and the NCIHL to school students. - Holding a panel discussion and a number of workshops on IHL for university students in cooperation with the ICRC and in coordination with the UAE University. - Holding dissemination sessions on IHL to university and school students on a regular basis.

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) - Holding a workshop entitled “IHL and the role of the judiciary” to members of the judiciary, public prosecutors, lawyers and law students in cooperation with the ICRC. - Holding several IHL seminars, the most recent of which was entitled “War Crimes” which targeted members of the judiciary and others working in the field of IHL. It was held in cooperation with the ICRC and in coordination with the Institute for Training and Studies. - Holding several panel discussions on IHL, the latest of which was a panel discussion on “International Crimes”. - Organizing workshops to members of the judiciary, public prosecutors and lawyers. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 49

3. At the level of government forces (armed and security forces) - Holding two dissemination sessions to introduce IHL to 164 members of the armed forces. - Holding several lectures on IHL to different units of the armed forces. - Holding several lectures to members of the armed forces in cooperation with the ICRC and in coordination with the General Command of the Armed Forces. - Holding lectures to students of Abu Dhabi Police Academy in cooperation with the ICRC. - Participating in the 11th International Conference of Legal Arbitrators in International Military Operations held in Stockholm, Sweden, 28 to 31 March 2017. - Participating in the first international conference on ‘Silent Leges Inter Arma’ (i.e. the laws are silent in times of war) held in Belgium, 20 to 22 September 2017. - The armed forces participated with 12 officers in external courses in the International Institute of IHL at San Sanremo, Italy. - Delivering specialized lectures to military and police colleges in cooperation with the ICRC.

4. At the level of general public including civil society and media - Recently issuing a book entitled “War crimes in the light of IHL provisions”. - Conducting field visits to school students and national societies to disseminate IHL and introduce the role of the NCIHL. - Issuing awareness-raising publications on the principles of IHL and the role of the NCIHL in this field. - Establishing a website and a special account on twitter ‘@uae_ncihl’ to follow the NCIHL’s events and activities.

IV. Integration of IHL in curricula - Teaching an IHL course in all the curricula of military and police colleges and institutes. - Introducing an IHL subject as an elective in the Faculty of Law of the UAE University in 2014. - Resuming efforts to integrate IHL into basic education. The NCIHL also seeks, in cooperation with the State’s education authorities, to establish a postgraduate diploma in the field of IHL. - Holding a seminar periodically to school students on IHL and the role of the NCIHL.

V. Other activities - Participating in the regional IHL trainings in Beirut and Tunis. - Organizing a photo exhibition entitled “War from the Victims' Perspective” in cooperation with the Swiss Government and in coordination with the ICRC. As a side-event to the exhibition, the committee held an awareness-raising seminar on IHL. - Holding an IHL course to diplomats at the Ministry of Foreign Affairs and International Cooperation - Hosting regional IHL training courses for Arab diplomats in cooperation with the ICRC biennially. Seven sessions were held to date, the latest of which was in April 2018. - Organizing panel discussions on IHL-related topics for relevant entities. - The NCIHL recently signed an MoU with the Moroccan NCIHL.

VI. Way forward - Organizing a ToT on the provisions of IHL specifically targeting national cadres during the second half of 2019.22 - Organizing the eighth regional training course for Arab diplomats on IHL during the first quarter of 2020.23 - Holding workshops, seminars and public discussions to introduce IHL to the relevant state entities, such as academics, school students, universities, military and police colleges, judges, prosecutors, lawyers, diplomates, etc.24 - Seeking to integrate IHL in basic education and to establish a IHL postgraduate diploma. - Organizing the second conference of IHL during the first quarter of 2019.

22 According to the NCIHL’s plan of action for 2019-2020, which is set to be launched early 2019. 23 Ibid. 24 Ibid. 50 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

3. KINGDOM OF BAHRAIN

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non-International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989 - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Protocol IV on Blinding Laser Weapons, 1995. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999. - Optional Protocol to the Convention on the Rights of the Child Regarding the Involvement of Children in Armed Conflicts, 2000. - CCW Protocol V on the Explosive Remnants of War, 2003.

Conventions signed - Rome Statute of the International Criminal Court, 1998. - Arms Trade Treaty, 2013.

II. Major achievements of the NCIHL from 2015 to 2018: - Enacting the national law on international crimes in 2018.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Offering IHL as an elective course in the faculties of law. - Agreeing with the University of Bahrain to hold an annual IHL-day in the faculties of law, along with an exhibition of the Red Crescent where they demonstrate their activities.

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats): - Designating a certified curriculum on IHL at the Judicial Institute in all foundation programs (judges / prosecutors / new lawyers / legal researchers). - Diplomats and government employees participated in the regional IHL trainings in Beirut and Tunis. - Judges participated in the regional IHL training for judges in Kuwait. - Diplomats participated in the regional IHL training for diplomats in UAE. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 51

3. At the level of government forces (armed and security forces): - Designating a certified IHL program in colleges, institutes and military schools of various ranks. - Designating a certified IHL program in Shata Academy. - Members of the armed forces participated in the regional Arab Training Courses on IHL Provisions for Armed Forces Representatives in the Arab States, in Egypt.

4. At the level of general public including civil society and media: - Conducting an IHL training course in the Association of Journalists. - Conducting annual IHL training courses in the Red Crescent for volunteers on humanitarian action. - Several members of the Red Crescent participated in the regional IHL trainings in Beirut and Tunis.

IV. Integration of IHL in curricula - Introducing IHL in the military programs of various sectors and including it in the approved rules of engagement. - Introducing IHL as an elective course in universities. - Introducing IHL in the training programs of the Diplomatic Institute of the Ministry of Foreign Affairs.

V. Other activities - Participating in international meetings of States Parties to the Geneva Conventions. - Participating in the Arab Experts’ Meeting organized in cooperation between the ICRC and the League of Arab States. - Holding communications and verbal agreements to cooperate with the Egyptian and Jordanian NCsIHL. - Holding and following up on activities related to the dissemination of IHL.

VI. Way forward - Setting a general plan of action which includes hosting courses and forums to disseminate IHL to relevant populations. - The plan of action also includes adopting national legislation in relation to the IHL treaties. - The NCIHL plans to review international treaties to consider ratifying them.

52 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

4. REPUBLIC OF TUNISIA(*)

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 1968. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - OAU Convention on the Elimination for Mercenaries in Africa, 1977. - Convention on the Elimination for Mercenaries in Africa, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectabe Fragments ,1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Protocol IV on Blinding Laser Weapons, 1995. - CCW Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices, 1996. (Original form in 1980) - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti Personnel Mines and their Destruction (Ottawa Treaty), 1997. - The Rome Statute of the International Criminal Court, 1998. - Optional Protocol to the Convention on the Rights of the Child Regarding the Involvement of Children in Armed Conflicts, 2000. - CCW Convention Article 1 in its amended form, 2001. - CCW Protocol V on the Explosive Remnants of War, 2003. - International Convention for the Protection of all Persons from Enforced Disappearance, 2006. - Convention on Cluster Munitions, 2008.

(*) No official answer to the questionnaire was received. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 53

5. DEMOCRATIC POPULAR REPUBLIC OF ALGERIA

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, Geneva, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - OAU Convention on the Elimination for Mercenaries in Africa, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectabe Fragments, 1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Protocol IV on Blinding Laser Weapons, 1995. - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (Ottawa Treaty), 1997. - Optional Protocol to the Convention of the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000. - CCW Convention Article 1 in its amended form, 2001.

Conventions signed - Rome Statute of the International Criminal Court, 1998. - International Convention for the Protection of all Persons from Enforced Disappearance, 2006. - Treaty on the Prohibition of Nuclear Weapons, 2017. (Pending entry into force)

II. Major achievements of the NCIHL from 2015 to 2018: Algeria has acceded to the following treaties: - Protocol IV Additional to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, 2001. It was ratified by Algeria under Presidential Decree No. 14/377 on 03 December 2014.

Algeria has enacted the following national legislation: - Decree No. 71/28 on 22 April 1971 on Military Justice Law amending and completing law No. 18/14 on 29 July 2018. - Law No. 15/12 on 15/07/2015 including the law on Child Protection, particularly articles 2 and 6 thereof. - Law No. 16/13 on 03/11/2016 establishing the National Council for Human Rights.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Holding two seminars in coordination between the NCIHL and JiL Center for Scientific Research on IHL and International Human Rights Law (IHRL) in the Judiciary Headquarters on 23-24 August 2016 and on 22-23 July 2017. 54 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

2.  At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats): • Authorities - Holding a training course for the police in the Police Academy in Shatonaf, with the participation of the representative of MoJ as an NCIHL member, to deliver a number of IHL dissemination sessions in the Police School in Sahawla. • Judges - Holding regular annual training courses in the `Higher School of Magistracy`, starting 2009 until 2017. Each course is attended by 25 judges from various courts and judiciary councils, with different specializations. - Judges participated in the regional IHL trainings in Beirut and Tunis. - Judges participated in the training courses held in the Higher Judicial Institute in Kuwait in cooperation with the ICRC. • Parliamentarians - Holding a dissemination day for parliamentarians on the role of the Parliament in implementing IHL in the National Popular Council on 29 April 2010. - Algerian members of Parliament participated in the parliamentarian courses on IHL held in various Arab states. • - Diplomats - The NCIHL participated in the IHL course for Higher School of Diplomats on 21 October 2009. - Participation of a number of diplomats in regional IHL trainings in Beirut and Tunis.

3. At the level of government forces (armed and security forces) - Holding an annual IHL training in December to members of the armed forces. The representative of the Ministry of Defence in the NCIHL participates in this training. - Various schools of armed forces teach the provisions of IHL.

4. At the level of general public including civil society and media - Holding a training course for Arab and Algerian journalists on the role of journalists in international armed conflict and non-international armed conflict, held in the Judiciary Headquarters on 4 - 5 June 2016. - Holding the third training course for Algerian journalists from various Algerian media outlets on 28 – 29 April 2018.

5. At the level of the general authority for prison management and reintegration - Holding a training course for the general authority of ‘prison management and reintegration’ on the treatment of the prisoners of war, in the National School of Prison Administration on 18- 19 April 2018.

IV. Other activities - The participation of the Minister of Justice in the World Humanitarian Day organized by the Algerian Red Crescent in 2016 and 2018. - Hosting the Tenth Arab Experts Meeting in Algeria on 4- 6 November 2014.

V. Way forward - The NCIHL adopted a biennial plan of action. For this reporting period, the plans of action of concern are: 2014-2015, 2016-2017 and 2018-2019. The latter was drafted to implement the recommendations adopted in the tenth meeting of the Arab Experts Meeting which was held in Algeria in 2014. - The NCIHL is in the process of reviewing the list of international conventions and protocols which were not reviewed yet by Algeria. This list is to be revised and eventually submitted to the President of the NCIHL, the Minister of Justice, for a decision.

STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 55

6. DJIBOUTI(*)

I. Conventions

Conventions ratified - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectabe Fragments, 1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices, 1996. (Original form in 1980) - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (Ottawa Treaty), 1997. - The Rome Statute of the International Criminal Court, 1998. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999. - Optional Protocol to the Convention of the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000.

Conventions signed - OAU Convention for the Elimination of Mercenaries in Africa, 1977. - Convention on Cluster Munitions, 2008. - Arms Trade Treaty, 2013.

(*) No official answer to the questionnaire was received. 56 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

7. KINGDOM OF SAUDI ARABIA

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflicts, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectabe Fragments, 1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Protocol IV on Blinding Laser Weapons, 1995. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999. - Optional Protocol to the Convention of the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000. - CCW Protocol V on the Explosive Remnants of War, 2003.

Conventions signed - Rome Statue of the International Criminal Court, 1998. - Arms Trade Treaty, 2013.

II. Major achievements of the NCIHL from 2015 to 2018: - The NCIHL carried out a number of IHL trainings and workshops to the Ministry of Defence. - The NCIHL continues to disseminate and spread awareness of IHL within all segments of society.

III. Main activities in the field of IHL dissemination and training: The NCIHL, over the last period, held several lectures and dissemination sessions to raise awareness of IHL. These sessions were held in cooperation with the ICRC and included all segments of society, particularly the military and academics. Some of these sessions are mentioned below.

1. At the academic level: - Holding an IHL training with the Faculty of Shariaa in Jazaan in October 2017. - A number of academics participated in the regional IHL trainings in Beirut and Tunis.

2.  At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) - A number of diplomats and experts participated in the regional IHL trainings in Beirut and Tunis. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 57

3. At the level of government forces (armed and security forces) - Holding a five-day IHL training with the Human Rights Committee in Ministry of Defence in January 2018. - Holding the second IHL training with for the Human Rights Committee in Ministry of Defence in April 2018. - Holding a five-day IHL training with the Human Rights Committee in Ministry of Defence in December 2018. - A number of armed and security forces members participated in the regional IHL trainings in Beirut and Tunis.

4. At the level of general public including civil society and media - Holding a three-day IHL workshop with King Salman Humanitarian Aid and Relief Centre in May 2018. IV. Other activities - Different military personnel, academics, diplomats and legal advisors participated in the regional IHL trainings in Beirut and Tunis. V. Way forward - The NCIHL seeks to continue IHL dissemination and to spread community awareness of IHL. 58 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

8. REPUBLIC OF SUDAN

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions,1949. - Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - OAU Convention on Mercenaries, 1977. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - Convention on the Prohibition of the Use, Stockpiling, production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Treaty), 1997. - Optional Protocol to the Convention of the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000.

Conventions signed - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - Rome Statute of the International Criminal Court, 1998.

II. Major achievements of the NCIHL from 2015 to 2018: - Providing advice on adapting national laws to conform with IHL-related international conventions. - Integrating IHL in various curricula. - Printing and publishing brochures and booklets on IHL. - Enacting the Law on Money Laundering and Terrorism Financing in 2014.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Integrating an IHL course into school curricula as well as workshops and competitions in universities.

2.  At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) - Holding workshops and disseminating IHL rules and principles, as well as publishing a periodical on human rights and IHL.

3. At the level of government forces (armed and security forces) - Conducting courses in partnership with the Ministry of Defence and establishing a partnership with the Security and General Intelligence Agency.

4. At the level of general public including civil society and media - Holding training workshops in Sudanese universities. - Publishing human rights and IHL magazines, in addition to publishing materials for several academics and civil society organizations. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 59

IV. Other activities - Participating in the regional IHL trainings in Beirut and Tunis. - Reporting IHL-related issues. - Organizing workshops on IHL. - Conducting assessments of national laws. - Taking several measures to amend laws on Armed Forces and Penal Code of 1991.

V. Way forward There is an annual plan of action circulated yearly for implementation. For this reporting period, it included reviewing and studying international conventions, holding workshops, seminars and conferences, organizing trainings, and printing and distributing publications. 60 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

9. ARAB REPUBLIC OF SYRIA(*)

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - Optional Protocol to the Convention of the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000.

Conventions signed - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976. - Rome Statute of the International Criminal Court, 1998. - Protocol II additional to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, 1999.

(*) The official questionnaire was not requested from Syria as its LAS membership has been suspended since November 2011. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 61

10. DEMOCRATIC REPUBLIC OF SOMALIA(*)

I. Conventions

Conventions ratified - The Four Geneva Conventions, 1949. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - Convention on the Prohibition of the Use, Stockpiling, production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Treaty), 1997. - Convention on Cluster Munitions, 2008.

Conventions signed - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - OAU Convention for the Elimination of Mercenaries in Africa, 1977. - Optional Protocol of the Convention on the Rights of the Child Regarding the Involvement of Children in Armed Conflicts, 2000.

(*) No official answer to the questionnaire was received. 62 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

11. REPUBLIC OF IRAQ

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, Geneva, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Protocol I Additional to the Four Geneva Conventions of 12 August 1949 on the Protection of Victims of Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectabe Fragments, 1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Protocol IV on Blinding Laser Weapons, 1995. - CCW Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices, 1996. (Original form in 1980) - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (Ottawa Treaty), 1997. - Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000. - CCW Convention Article 1 in its amended form, 2001. - CCW Protocol V on Explosive Remnants of War, 2003. - International Convention for the Protection of all Persons from Enforced Disappearance, 2006. - Convention on Cluster Munitions, 2008.

Conventions signed - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976.

II. Major achievements of the NCIHL from 2015 to 2018: - Establishing the permanent NCIHL pursuant to Cabinet Decree No. 58 of 2014 and forming the NCIHL in accordance with Decree No. 10 of 2015 of the General Secretariat of the Cabinet. - During the reporting period, Iraq passed Law No. 5 of 2014 on the accession of Iraq to the 1980 Convention on Prohibitions or Restrictions of the Use of Certain Conventional Weapons Which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects and its Protocols thereto. - Carrying out five basic IHL courses and one ToT course in September 2017 for 185 trainees from various Iraqi government institutions. These courses were conducted in accordance with a cooperation agreement between the Secretariat of the Cabinet and the ICRC .

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Organizing IHL training courses from 2015 to 2017 for staff members of Iraqi universities. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 63

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats): - Organizing IHL training courses from 2015 to 2017 for representatives of the High Commission for Human Rights in Iraq.

3. At the level of government forces (armed and security forces) - Organizing IHL training courses from 2015 to 2017 for representatives of the Ministry of Defence and Ministry of Interior. - Holding IHL courses for military and internal security forces.

IV. Integration of IHL in curricula - Integrating IHL into the curricula of law schools across Iraq and Kurdistan Province.

V. Other activities - Participating in all government activities with a view to assisting the displaced, adopting the best measures for their repatriation, and protecting minorities rights. - The NCIHL is the Iraqi authority that negotiated and coordinated with the United Nations to carry out the work of the international investigative team implementing Security Council Resolution No. 2379 of 2017. - Participating in most of the regional IHL courses in Beirut and Tunis and in the regional IHL ToT courses.

VI. Way forward - The NCIHL has an annual plan of action agreed upon with the ICRC, particularly concerning IHL specialized courses. - Preparing a list of the legislation to be enacted or the required amendments to be incorporated into the enforced legislation. - Preparing a list of IHL treaties and determining Iraq’s stance towards them. - Strengthening partnerships and relations with other NCsIHL in the region or elsewhere and coordinating with the ICRC in this regard. - Reviewing the prospects of accession to other IHL-related treaties, including: o Protocol I Additional to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict. o Protocol II Additional to the Geneva Conventions, 1977. - In celebration of the 70th anniversary of the Geneva Conventions of 1949, the NCIHL intends to organize events in partnership with the ICRC. - The NCIHL is currently reviewing the national legislation related to the international crimes law and a law related to the protection of the rights of missing persons and their families. It is in the early drafting stages.

64 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

12. SULTANATE OF OMAN

I. Conventions

Conventions ratified - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - Convention on the Prohibition of the Use, Stockpiling, production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Treaty), 1997. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999. - Optional Protocol to the Convention of the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000.

Conventions signed - Rome Statute of the International Criminal Court, 1998.

II. Major achievements of the NCIHL from 2015 to 2018: - The establishment of the Omani NCIHL in 2017.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Holding several lectures to disseminate IHL in academic circles. - The NCIHL is in the process of contributing in the sponsorship of a moot court competition for the students of the Faculty of Law in Sultan Qaboos University.

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) - Holding several specialized lectures in the Sultanate of Oman. - Different government personnel and judges participated in the regional IHL trainings in Beirut and Tunis.

IV. Integration of IHL in curricula - The NCIHL is still in its initial phases and is seeking to achieve its objectives as soon as possible.

V. Way forward - The NCIHL is currently revising the IHL-related international conventions. - Since the NCIHL was establish one year ago, it is currently working on setting its priorities.

STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 65

13. STATE OF PALESTINE

I. Conventions

Conventions ratified - Convention with Respect to the Laws and Customs of War on Land, Hague, 1907. - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict,1954. - Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 1968. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976. - Protocol I Additional to the Geneva Conventions Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectabe Fragments, 1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child,1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - Rome Statute of the International Criminal Court, 1998. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999. - Optional Protocol of the Convention of the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000 - CCW Protocol V on Explosive Remnants of War, 2003. - Protocol III Additional to the 1949 Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem, 2005. - Convention on Cluster Munitions, 2008. - Arms Trade Treaty, 2013. - Treaty on the Prohibition of Nuclear Weapons, 2017. (Pending entry into force)

II. Major achievements of the NCIHL from 2015 to 2018: - Among the most important advisory opinions given by the MoFA, as the head of the NCIHL, is the necessity of revising national legislation and incorporating and implementing IHL-related treaties in the Palestinian national legislation. - Palestine made the decision to accede to all IHL-related treaties and integrate IHL provisions into national legislation:

The following treaties have been ratified/acceded to in this reporting period: - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I, 1980. - CCW Protocol III, 1980. - Convention on Cluster Munitions, 2008. 66 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

- Additional Protocol II to the Geneva Conventions, 1977. - Additional Protocol III to the Geneva Conventions, 2005. - Rome Statute on the International Criminal Court, 1998. - Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 1968. - Rome Statute Amendments on the Crime of Aggression, 2010. - Convention on the Prohibition of Biological Weapons, 1972. - Convention on the Prohibition of Chemical Weapons, 1993. - Anti-Personnel Mine Ban Convention, 2008. - Arms Trade Treaty, 2013. - Treaty on the Prohibition of Nuclear Weapons, 2017. (Pending entry into force)

The following national legislation was enacted: - Law No. 15 of 2015 on the use and protection of the Red Cross, Red Crescent, and Red Crystal Emblems.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level - Several governmental representatives participated in the regional IHL trainings in Beirut and Tunis. - Integrating IHL in the curricula of Palestinian schools.

2.  At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) - Several government participated in the regional IHL trainings in Beirut and Tunis. - Conducting IHL training courses to the members of the NCIHL as well as representatives of ministries, national institutions, and civil society.

IV. Integration of IHL in curricula - Palestinian universities included IHL-related courses in their programs.

V. Way forward - Integrating IHL in the curricula of more schools for the next academic year. - Part of the plan of action is: o Contributing to drafting legislation relevant to the IHL-related treaties that Palestine has ratified/acceded to. o Cooperating and coordinating with government authorities and relevant national entities. o Placing distinctive emblems on protected objects. o Identifying cultural properties and international heritage sites in Palestine. o Raising awareness through educational curricula and training on IHL topics. o Monitoring and documenting IHL violations. - Reviewing the national legislation and finding ways to integrate IHL provisions. - Calling for a meeting for the high contracting parties to establish a clear and comprehensive mechanism to implement and ensure respect of IHL.

STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 67

14. STATE OF QATAR

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectabe Fragments, 1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Protocol IV on Blinding Laser Weapons, 1995. - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (Ottawa Treaty), 1997. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999. - Optional Protocol of the Convention of the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000. - CCW Protocol V on Explosive Remnants of War, 2003.

II. Major achievements of the NCIHL from 2015 to 2018: - Enacting Law No. 4/2016 on biological weapons. - During this reporting period, the NCIHL responded to numerous inquiries received from a number of ministries on national laws relevant to IHL, for example, the stance of national laws on the prohibition of the exploitation of children in armed conflicts and the military recruitment of children under 18. - The NCIHL prepared and submitted a comprehensive study on the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. This was in accordance with the Cabinet Decree in 2014 and the request of the MoFA in 2018. The study recommended the accession to the convention. The decision is pending.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Based on a questionnaire prepared by the NCIHL and sent to a number of concerned universities, IHL is taught in the following academic institutions: o Faculty of Law in the University of Qatar- IHL is taught in English as an independent elective course; o Police Academy – IHL is taught as an independent elective course; o Ahmed bin Mohammed Military College- IHL is taught as an independent elective course. - In 2017, the NCIHL presented a number of IHL lectures to disseminate and promote IHL among school and university students: At the university level: o Presenting two lectures on IHL at the Faculty of Law – Girls - in Qatar University. The first lecture was on the role of the NCIHL in Qatar, while the second was on the role of the ICRC in the implementation of IHL. 68 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

At the secondary school level: o The NCIHL presented introductory lectures on IHL in one preparatory school (boys), two secondary schools (girls) and one secondary school (boys). o An IHL lecture was delivered in the framework of the celebration of the International Youth Day, which was organized under the slogan ‘Building Youth for Peace’. The target audience was young members of three sports clubs. - In 2018, the NCIHL carried out the following dissemination activities at the academic level: At the university level: o Presenting a general introductory lecture on IHL to master’s students of public law at the Faculty of Law in Qatar University. This was in the “International Law In-Depth” course. o The NCIHL presented a lecture in English at the Faculty of Law -Girls - in Qatar University entitled “The role of the NCIHL in Qatar”. At the secondary school level: o Presenting introductory lectures on IHL in two secondary schools (girls) and two secondary schools (boys).

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats)

At the level of government employees: - The NCIHL, in cooperation with the ICRC Regional Delegation of the (GCC) in Kuwait, organized a roundtable on adapting national legislation with IHL-related treaties in on 21-22 May 2014. The first day was devoted to members of the NCIHL and the second day was devoted to law experts from various government bodies and institutions related to legislation. - In cooperation with the United Nations High Commissioner for Refugees (UNHCR)’s regional representative for the GCC, the NCIHL organized a training course on “Protecting refugees in times of humanitarian crisis”. The course took place in Doha from 6-7 December 2016, and it included a lecture on protecting refugees under IHL. - Under the sponsorship of the Minister of Justice of Qatar, the NCIHL organized an introductory seminar on IHL in Doha in cooperation with the Moroccan NCIHL in October 2017. This was to disseminate the provisions of IHL among different stakeholders and representatives of ministries and national institutions- most of whom were employees of the legal departments in the respective entities: the Secretariat of the Cabinet, the Ministry of Foreign Affairs, the Ministry of Interior, the MoJ, the Ministry of Education and Higher Education, the Ministry of Administrative Development, Labor and Social Affairs, and others. - The NCIHL presented a general dissemination session on IHL and the NCIHL at the MoJ on 09 May 2018.25 The target audience was the MoJ staff. - The NCIHL is organized a program entitled “Qatari lecturer” to prepare Qatari IHL lecturers, in cooperation with the ICRC Regional Delegation of the Gulf Cooperation Council (GCC) in Kuwait, which will be held in Doha from 14-18 October 2018.

At the level of judges and legal researchers - In 2013, the NCIHL began teaching IHL in the curricula of the Legal and Judicial Studies Center of the MoJ: o In 2013, legal researchers, judges, prosecutors and lawyers participated in IHL trainings which varied between 8-10 hours. o In 2014, legal researchers and judges participated in a 10-hour IHL trainings. o In 2015, IHL trainings were limited to legal researchers only, with 12 hours of teaching. o In 2016, the IHL training was also limited to legal researchers, but with 20 hours of teaching. The students were assessed via an oral and written exam at the end of the course, as well as by assessing their participation and interaction during the course. o During 2017 and 2018, the course became an elective course in the training courses organized by the Legal and Judicial Studies Center. - Different government personnel also attended the regional IHL trainingcourses in Beirut and Tunis.

25 Noting that the selection of the date was based on the IHL Day. The IHL Day was adopted by the Council of Foreign Ministers of Islamic Countries in the Organization of Islamic Cooperation at their forty-second session held in Kuwait in May 2015. The day commemorates the commandment of the Caliph Abu Bakrin 632 AD to the armies of Osama Bin Zaid, which were going to the Levant. The commandments included humanitarian principles that form the basis of contemporary IHL. The resolution called on Member States to celebrate this day and take the opportunity to take concrete measures to promote IHL and the relevant Islamic provisions, especially the rules contained in the commandments and applications of the historical heritage of Islam, to respect the implementation of this law in all cases of its application and to suppress its violations. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 69

3. At the level of government forces (armed and security forces) - The Qatari armed forces established the Military Committee of International Humanitarian Law. The committee developed training programs for all military forces. Moreover, it is currently preparing a group of qualified officers specialized in the field of IHL to join the forces conducting military operations. - The Military Committee also carried out the following activities to disseminate IHL to the Qatari armed forces. o Organizing the Regional Seminar on IHL for Senior Officers (Operations/Legal) in the Armed Forces of the GCC, Doha, 2014. o Organizing an induction course on the provisions of IHL in Doha in November 2015.

IV. Integration of IHL in curricula - At the level of armed forces: there has been a training on the rules of engagement in accordance with the provisions of the GCs. Moreover, operational steps have been taken to train officers on the implementation of IHL provisions in the context of military operations. - At the level of school education: the NCIHL prepared a paper on the importance of teaching IHL in secondary education with proposals to integrate it into the secondary education curriculum. The paper was sent to the Director of the Department of Legal Affairs of the Ministry of Education and Higher Education. Noting that the latter became the representative to the Ministry of Education and High Education in the NCIHL in August 2017.

V. Other activities ­- The NCIHL signed an MoU with the Moroccan NCIHL in Doha on 5 April 2016. - The NCIHL is organizing national workshops and seminars with entities relevant to the implementation of IHL at the national level before the end of 2018. This includes university professors and military personnel.

VI. Way forward - In addition to the MoU with the Moroccan NCIHL, the Qatari NCIHL intends to sign other MoUs with other Arab NCsIHL. - The priorities of the NCIHL over the next year do not include ratification/accession to new agreements, but rather national implementation. In terms of implementation, one of the priorities during the coming year is working on the international crimes law and integrating IHL as a compulsory subject in the Faculty of Law in the University of Qatar. - The National Committee adopts an annual plan of action with strategic objectives upon which the National Committee sets its course of action. The 2018 plan of action includes: o First strategic objective: To adopt implementation measures at the national level. ● Activities to achieve the objective: completion of the draft law on the use and protection of the emblem and submit it to the concerned authorities. (Noting that the draft law has been finalized by the NCIHL and will be submitted to the Minister of Justice. If approved, it will then be submitted to the Cabinet to take the necessary measures in accordance with the due legal process.) o Second strategic objective: To spread knowledge of IHL. ● Activities to achieve the objective: Continuing lectures on IHL to university students through the guest lecturer mechanism adopted by the Faculty of Law in the University of Qatar, and continuing IHL lectures for students in secondary and preparatory schools. o Third strategic objective: To employ media and communication in the promotion of IHL. ● Activities to achieve the objective: Completion of technical and administrative procedures for launching the website of the NCIHL. o Fourth strategic objective: To strengthen national capacities in the field of IHL. ● Activities to achieve the objective: Organizing a preparation program for national lecturers in the field of IHL in cooperation with the ICRC.

70 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

15. REPUBLIC OF COMOROS(*)

I. Conventions

Conventions ratified - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - OAU Convention for the Elimination of Mercenaries in Africa, 1977. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (Ottawa Treaty), 1997. - Rome Statute of the International Criminal Court, 1998. - Convention on Cluster Munitions, 2008.

Conventions signed - International Convention for the Protection of all Persons from Enforced Disappearance, 2006. - Arms Trade Treaty, 2013. - Treaty on the Prohibition of Nuclear Weapons, 2017. (Pending entry into force)

(*) No official answer to the questionnaire was received. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 71

16. STATE OF KUWAIT

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 1968. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980 - CCW Protocol I on Non-Detectabe Fragments, 1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Protocol IV on Blinding Laser Weapons, 1995. - CCW Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices, 1996. (Original form in 1980). - Convention of the Prohibition of the Use, Stockpiling, production and Transfer of Anti-Personnel Mines and on their Destruction (Ottawa Treaty), 1997. - Optional Protocol of the Convention of the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000. - CCW Convention Article 1 in its amended form, 2001. - CCW Protocol V on Explosive Remnants of War, 2003.

Conventions signed - Rome Statute of the International Criminal Court, 1998.

II. Major achievements of the NCIHL from 2015 to 2018: - Conducting a ToT program on IHL to prepare approximately 30 cadres from the judiciary and the government. The program is due to be completed in October 2019. - The NCIHL reviewed all the IHL treaties ratified/acceded to by Kuwait and revised all IHL-related national legislation to determine any need of amendments or adoption of new national legislation required to fill the legislative gaps for the national implementation of those treaties. The latter would be done through stand- alone legislation, or through incorporating the necessary provisions within existing legislation. All of which are to be sent to the Cabinet for approval by the end of 2019. For example, the NCIHL is in the final stages of drafting the international crimes law. 72 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Organizing several IHL training courses where the participants included faculty members from different Kuwaiti universities. - In accordance with the plan of action, the NCIHL aims to establish a strategy to develop guidelines to incorporate IHL into university courses. This is to be done in coordination with university professors.

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) - Organizing IHL training courses attended by diplomats, judges, public prosecutors, lawyers and specialists in the Ministry of Information, and government bodies, in order to introduce and disseminate IHL at the level of government authorities.

3. At the level of government forces (armed and security forces) - Organizing IHL training courses attended by officers and investigators from the Ministry of Interior to promote and disseminate IHL.

4. At the level of general public including civil society and media - Organizing IHL training courses attended by Kuwait Red Crescent Society and Lawyers Association to promote and disseminate IHL. - Organizing a dissemination session on IHL, in cooperation with the Kuwait Institute for Judicial Studies, on 24 October 2018 to introduce the role of the NCIHL in the dissemination of IHL. The session was attended by various segments of society, civil society organizations and media.

IV. Integration of IHL in curricula - The NCIHL is working towards integrating IHL in the curricula in different universities (particularly military colleges and faculties of law) and in schools (preparatory and secondary levels).

V. Other activities - The Kuwait Institute for Judicial Studies, in light of its partnership with the ICRC, organized a regional conference on IHL for Arab judges. - Within the framework of the NCIHL’s strategy (2018-2020), the Committee is seeking to organize a specialized meeting on the Montreux Document on Private Security Companies in 2019 and host the Arab Government Experts Meeting. - Participating in the regional IHL trainings in Beirut and Tunis.

VI. Way forward - The NCIHL announced its plan of action setting the strategy for 2018-2020 on 24 October 2018. Part of the strategy is to integrate and disseminate IHL in the academic curricula of military and civil education. Moreover, the NCIHL aims to implement IHL on the national level in all aspects and harmonize national legislation with it. - In light of the 2018-2020 strategy, the NCIHL seeks to establish partnerships and cooperation with other regional and Arab NCsIHL. - Pursuant to the NCIHL’s plan of action, the Committee aims to prepare a questionnaire to be distributed among universities and military colleges in Kuwait to define what is already being taught in the curricula. This is in preparation to establishing guidelines particularly for military colleges and faculties of law, political science, and media to include the concepts of IHL in university curricula in coordination with university professors. The desired result is to include IHL within the curricula of civil and academic education as well as security and military colleges. -  In accordance with the established strategy, the NCIHL seeks to develop a plan in coordination with members of the Curriculum Development Center of the Ministry of Education to incorporate the basic concepts of IHL into the curricula particularly in the preparatory and secondary school levels. School activities on IHL shall be organized in order to achieve the desired goal.

STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 73

17. REPUBLIC OF LEBANON

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Protocol I on Non-Detectabe Fragments, 1980. - CCW Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons, 1980. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices, 1996. (Original form in 1980). - Convention on Cluster Munitions, 2008. - Arms Trade Treaty, 2013.

Conventions signed - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976. - Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000. - International Convention for the Protection of all Persons from Enforced Disappearance, 2006.

II. Major achievements of the NCIHL from 2015 to 2018: - The internal regulations of the NCIHL have been drafted by the MoJ, yet it is pending approval. The delay is the result of the difficult circumstances that Lebanon witnessed over the past years. - Currently, the Director General of the MoJ, as the vice-chairperson of the NCIHL, is working to activate the role of the Committee. This is done by attending national and international IHL conferences, either personally or through a representative. She also seeks to apply IHL principles in all the ministry’s work and its different units, the legal discussions in the House of Representatives, the Institute of Judicial Studies, the Directorate of Prisons, the Forensic Medicine Department, and juvenile institutions. - Enacting Law No. 62 of 2016 establishing the National Human Rights Committee. It includes a permanent committee for the prevention of torture. - Enacting Law No. 105 of 2018 on missing persons and enforced disappearance.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level - Many Lebanese public and private universities have been teaching human rights and IHL as a separate subject for a long time. 74 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) - The MoJ consistently nominates a number of judges to participate in all IHL training courses and dissemination sessions organized by the ICRC.

3. At the level of government forces (armed and security forces) - The Human Rights Office of the Lebanese Army and their counterpart office at the Directorate General of Internal Security Forces and Public Security organized regular IHL training courses and dissemination sessions. - The Lebanese Army Command established the Directorate of IHL and Human Rights in 2015. - The Directorate of the Internal Security Forces is willing to establish an independent and special IHL section which deals with IHL matters and its implementation. - The Lebanese Army Command nominated several officers and personnel to the IHL regional courses in Tunis and Beirut in this reporting period.

IV. Integration of IHL in curricula - Since 2009, the Army Command has established an office that soon after became an IHL and Human Rights office in 2015. The office works on IHL dissemination in the Lebanese army, providing IHL advice to military units and monitoring the integration of the Conventions signed and ratified by Lebanon. - All public and private faculties of law are teaching IHL and Human Rights as an independent subject, which were previously taught as part of the public international law course.

V. Other activities - The MoJ has contributed directly to the preparation of several national laws and strategies that contribute to the protection of victims of all forms of violence, especially violence resulting from armed conflict. - The MoJ has also prepared periodic reports on human rights, most recently the report discussed in Geneva and Beirut in March 2018. - To date, Lebanon hosted 15 Arabic IHL regional courses and four Arabic IHL ToT courses organized by the ICRC and LAS. - There is constant cooperation between the NCIHL and other ministries, especially the Ministry of Interior and the MoJ.

VI. Way forward - There is no formal plan of action to date. The current plan is to activate the NCIHL and to disseminate IHL principles on the national and international levels - Lebanon signed the 2013 Arms Trade Agreement in 2014. It is expected to be ratified soon by the House of Representatives. This is in addition to several IHL-related draft laws and pending proposals before the House of Representatives. The MoJ is seeking to cooperate with other ministries to speed up the approval process.

STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 75

18. STATE OF LIBYA

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions,1949. - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 1968. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999. - Optional Protocol of the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000.

Conventions signed - Arms Trade Treaty, 2013. - Treaty on the Prohibition of Nuclear Weapons, 2017. (Pending entry into force)

II. Major achievements of the NCIHL from 2015 to 2018: - Enacting Law No. 10/2013 on the criminalization of torture, discrimination and forced disappearance. - Enacting Law No. 4/2014 on the Libyan Red Crescent. - Enacting Law No. 2/2014 on provisions prohibiting certain types of weapons, explosives and ammunition. - In absence of an NCIHL, an IHL and human rights office has been established in the Ministry of Defence under Decree No. 100/2012. - The Presidential Guard was also assigned to establish an IHL office under Decree No. 25/2017.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Teaching IHL in most faculties of law in Libyan universities. - On 06 July 2017, the Faculty of Law in Benghazi University conducted the first IHL moot court in Libya. - University professors participated in the regional IHL courses in Beirut and Tunis in this reporting period.

2. At the level of government forces (armed and security forces) - Holding the fifth basic course on the definition of IHL to 31 members of the oil installations guards, officers of the Department of Morale Affairs and members of the Ministry of Defence from 24-28 January 2013. - Holding the seventh basic course on IHL to 14 members of the Ministry of Defence and the various brigades. - Holding the eighth basic course on IHL to 38 trainees from the Ministry of Defence, the College of Command and Staff, the Police and Military Prisons Department from 24-28 March 2013. - Holding the first advanced ToT course on IHL from 7-11 April 2013 and included members of the Ministry of Defence. 76 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

- Holding the second advanced ToT course on IHL from 12-23 May 2013. - Holding the first IHL training course in Misurata defense zone on 18-26 November 2013. - Holding the second IHL training course from 16-19 December 2013 - In total, there have been IHL trainings for more than 500 trainees from the MoJ, Ministry of Defence and the Ministry of Interior, in addition to preparing 32 national trainers. - Assigning three members of the IHL Department of the Ministry of Defence to attend the regional IHL course in Beirut in April 2013. - Assigning four trainers to attend an advanced IHL course in Italy in March 2013. - Assigning tweleve members of the Ministry of Defense to participate in the 152nd IHL course in Sanremo Institute in November 2013. - A number of army officers of the newly formed Presidential Guard participated in the IHL courses. - Representatives from the MoJ, Ministry of Foreign Affairs, Ministry of Defence and Ministry of Interior participated in regional IHL courses in Beirut and Tunis in this reporting period.

3. At the level of general public including civil society and media - The IHL Center - Ahli – organized a number of seminars and conferences on IHL, including: o Seminar on IHL and Human Rights Violations in December 2017. o Seminar on the protection of monuments and historical buildings during and after armed conflicts on 25-26 April 2018. - The Libyan Center for Studies and Training, a center of the Libyan Organization for Human Rights, organized: o IHL seminar for members of security institutions. o The basic IHL course, targeting students and professors from the Western Mountain University and the Red Crescent in Nalut region, in April 2018. o The basic IHL course, targeting officers of the Libyan army in April 2018.

IV. Integration of IHL in curricula - In addition to the 2012 Decree No. 578 on the compulsory teaching of IHL in all training institutions of the Libyan army, the Libyan Army Chief of Staff issued Decree No. 588/ 2017 on the compulsory teaching of the IHL provisions in the College of Command and Staff. - Introducing the Office of IHL in the Ministry of Defence in 2012, with the aim of promoting respect for IHL in the doctrine of the armed forces. - Most Libyan universities teach IHL in bachelor’s and master’s degrees.

V. Other activities - Various members of academic staff, government, security and diplomatic personnel participants in the regional IHL courses in Beirut and Tunis.

VI. Way forward - There is a plan to establish a Libyan NCIHL to which MoJ presented a proposal to the Cabinet to issue the relevant establishing Decree. The proposal underlines the importance of establishing an NCIHL. - The MoJ is in the process of revising all IHL and human rights-related treaties, reviewing the possibility of ratification/accession and addressing the legislative authorities for integration in the national legislation. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 77

19. ARAB REPUBLIC OF EGYPT

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on the Rights of the Child, 1989. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999 - Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000.

Conventions signed - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - Rome Statute of the International Criminal Court, 1998.

II. Major achievements of the NCIHL from 2015 to 2018: - Hosting the 11th Arab Government Experts Meeting on IHL in Cairo, Egypt in 2018. - The Secretary-General and the Technical Secretariat of the NCIHL met with the Ambassador of the Permanent Mission of Egypt in Geneva on the sidelines of the Universal Meeting of National Committees and Similar Bodies on International Humanitarian Law in November 2016 to consult on a number of topics on the national implementation of IHL. - Providing, upon request, technical advice to the concerned government authorities to study the implementation of the UN Security Council resolutions on the protection of cultural property during armed conflicts and preparing a working paper on the Egyptian government’s efforts to protect cultural property. - Participating with the concerned government authorities in studying several initiatives issued by the ICRC to review them and ensure their consistency with the national interest.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Cairo University, in cooperation with the ICRC, organized the first national moot court competition in 2015. During which five Egyptian universities participated: Cairo University, Mansoura University, Alexandria University, Al-Azhar University (girls) and Al-Azhar University (boys). Lectures were given on the principles of IHL, protected categories and objects, and the International Criminal Court. The jury of the moot court consisted of 20 Egyptian judges who previously participated in IHL courses. - The Faculty of Law, Ain Shams University, in cooperation with the ICRC, conducted a training day to its students in ICRC Cairo Delegation on the ICRC activities, the Red Cross Red Crescent Movement, and IHL. - Cairo University hosted the first ICRC Regional IHL Moot Court Competition for universities from Arab states. Six Arab countries were represented in the competition including Mansoura University representing Egypt. - The NCIHL participated in the jury of the first ICRC Regional IHL Moot Court Competition. - The Secretary-General of the NCIHL participated in the activities of a scientific seminar at the Egyptian Association of Criminal Law on the role of the national judge in implementing punishments on international crimes. - Preparing academic research for IHL-related studies. 78 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) Judges: The MoJ, judges and prosecutors cooperated with the ICRC on the following: - Holding two lectures on IHL to 240 newly appointed Deputy Attorney Generals as part of the prosecutors’ integration course organized by the MoJ. - Holding lectures on IHL to a number of newly appointed Deputy Attorney Generals at the National Center for Judicial Studies. - Organizing an IHL course in cooperation with the Egyptian Court of Cassation for 40 Egyptian judges at the National Center for Judicial Studies. - Holding lectures on IHL to 200 newly appointed Deputy Attorney Generals as part of the prosecutor’s integration course organized by the MoJ. - Organizing a course on IHL in cooperation with the Egyptian Court of Cassation for 30 Egyptian judges at the National Center for Judicial Studies. - Organizing a course on IHL in cooperation with the Egyptian Court of Cassation for a number of Egyptian judges at the National Center for Judicial Studies. - Organizing a course on IHL in cooperation with the National Center for Judicial Studies for 40 judges and prosecutors. - Organizing a course on IHL for 38 Egyptian judges and Deputy Attorney Generals in Cooperation with the National Center for Judicial Studies on 17-18 October 2017. - A judge from the Courts of First Instance participated in the regional IHL course in Beirut in February 2017. - The judge, who participated in the regional IHL course in Beirut, was nominated to attend the ToT in Rabat, Morocco, in February 2018. - Judges from the Courts of First Instance participated in the regional IHL course in Beirut in April 2014, March 2016 and February 2018. - A judge participated in a training course on IHL and Prevention of Sexual Violence against Women during Armed Conflicts in December 2016 in LAS. - Six judges from the Courts of First Instance participated in the IHL course held at the headquarters of the ERC in cooperation with the NCIHL and the ICRC. - Two heads of the Administrative Prosecution participated in the IHL Course at the ERC in cooperation with the NCIHL and the ICRC. - A counselor from the State Lawsuits Authority participated in the IHL Course at the ERC in cooperation with the NCIHL and the ICRC. - A number of judges and counselors participated in the jury of the ICRC’s first regional moot court competition on IHL at Cairo University in March 2017. - The International Relations Department of the Court of Cassation, in cooperation with the ICRC, organized a workshop on the definition of IHL and its most significant sources in April 2014 for 20 judges of the Court of Cassation. - The International Relations Department of the Court of Cassation, in cooperation with the ICRC, organized a training course on national IHL implementation mechanisms in October 2015 for 18 judges of the Court of Cassation. - The International Relations Department of the Court of Cassation, in cooperation with the ICRC, organized a training course on the interplay between IHL and IHRL in October 2015 for 14 judges of the Court of Cassation. - The International Relations Department of the Court of Cassation, in cooperation with the ICRC, organized a training course on national implementation of IHL mechanisms in December 2015 for 20 judges of the Court of Cassation. Diplomats: - The MoFA has actively participated in passing a number of resolutions on ensuring respect for IHL in various United Nations forums, at the forefront of which is the General Assembly. Among the most notable resolutions are: o Resolutions 69/243, 70/107, 71/128 and 72/132, entitled “International cooperation on humanitarian assistance in the field of natural disasters, from relief to development”. o Resolutions 69/135, 70/106, 71/127 and 72/133 entitled “Safety and security of humanitarian personnel and protection of United Nations personnel”. o Resolutions 69/133, 70/104, 71/129 and 72/131, entitled “Safety and security of humanitarian personnel and protection of United Nations personnel”. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 79

- While presiding over the UN Security Council in May 2016, Egypt introduced Resolution No. 2286 adopted by more than 85 countries at the United Nations and approved by the Council to emphasize the need for all parties to armed conflict to respect their obligations under IHL and to protect humanitarian workers and prevent attacks on medical facilities. - Several Egyptian diplomats participated in the regional IHL courses in Beirut and Tunis in this reporting period. - Holding three lectures on IHL at the Cairo Center for Conflict Resolution and Peacekeeping in Africa (CCCPA), attended by 25 Egyptian diplomats, five police officers, five armed forces officers, 20 diplomats from , and five diplomats from Somalia. - A high-level Egyptian delegation participated in all conferences organized by the ICRC within the framework of the Swiss initiative to promote compliance with IHL. - Egypt participated in all Geneva meetings during 2016 and 2017 on the implementation of Resolution No. 2 concerned with promoting respect for IHL rules. Egypt also worked on reaching an international consensus framework to ensure respect for the principles of IHL. - One Egyptian diplomat participated in the basic IHL course in Sanremo, Italy. - At the African level, Egypt supported the African Union’s “Gun Silencing” initiative to stop conflicts and bring peace to the continent in 2020. A resolution on the initiative was adopted by the African Union Summit in in January 2018. - At the national level, in addition to the participation of the Ministry of Foreign Affairs in the meetings of the NCIHL, the Ministry also organized the following IHL training courses in 2017: o CCCPA organized 14 training courses on IHL and the international law framework for peacekeeping operations. It was attended by 2582 Egyptian peacekeepers who participated in UN peacekeeping missions in Darfur, (Sudan) Republic of , Democratic , and Republic of Central Africa. o CCCPA organized four training courses on combating human trafficking and smuggling of migrants in the framework of conflict resolution and protection of victims in accordance with IHL, It was attended by 53 trainees from Arab and African countries, including 44 trainees from the MoJ, Ministry of Defence, Ministry of Interior and Public Prosecution participated in this course.

3. At the level of government forces (armed and security forces) Armed forces: - Organizing several training courses on the interplay between IHL and IHRL at the Police Academy in cooperation with the ICRC. - Organizing a training day on IHL and related topics to students of military colleges and institutes once a month. - Training officers on IHL topics in academic studies -master’s and doctoral (PhD). - Preparing a unified reference on IHL to be taught and used by the armed forces. - Preparing training courses for officers and members of the armed forces on IHL during the various stages of rehabilitation in education establishments. - Organizing training courses for IHL lecturers at Nasser Higher Military Academy. - Organizing training courses in the Institute of Legal Studies and Peacekeeping. - The armed forces participated with the ICRC in the preparation of several references and publications on IHL topics to be disseminated within the armed forces. - Preparing references and publications on IHL in cooperation with the ICRC. - Teaching IHL to armed forces officers and officers from other countries in the various training courses held in the armed forces institutes. - Armed forces officers participated in the training courses held in the studies center of the Ministry of Foreign Affairs to study IHL. - Qualifying armed forces cadres to become IHL trainers. - Participating in regional IHL courses in Beirut and Tunis. - Conducting training courses on IHL implementation to a number of armed forces officers from the Military College of Science and Management in Cairo. - Conducting an IHL ToT course for a number of military judges at the Egyptian Center for Legal and Judicial Studies in order to qualify trainers capable of disseminating IHL and building cadres in the armed forces. - Conducting a dissemination session on the ICRC and IHL to a number of military intelligence officers and a number of armed forces officers in preparation for assigning them to peacekeeping missions in cooperation with the ICRC. - Conducting a dissemination session on IHL to a number of armed forces officers. 80 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

- Conducting a dissemination session on IHL to a number of students of the Military College. - Conducting a dissemination session on IHL to a number of students of the Air Defense College. - Conducting a dissemination session on IHL to a number of students of the Military Technical College. - Conducting training courses to a number of Non-Commissioned Officers at the Training Institute in Al Tal Al Kabir. - Conducting training courses to a number of students at the Technical Institute of the Armed Forces - Conducting training courses to a number of students at the Maritime College. - Conducting training courses on IHL to a number of students of the Air Defense College. - Organizing a training course on IHL implementation to a number of armed forces officers. - Organizing a series of training days on IHL to a number of officers and other ranks from the northern military region: a day to a number of officers and other ranks from the military southern region, a day to a number of officers and other ranks of the third field army, a day to a number of armed forces officers nominated for Peacekeeping missions at the headquarters of LAWIO, a day to a number of officers and other ranks from the central military region, and a day to a number of officers and other degrees from the western military region.

Ministry of Interior: - The Ministry of Interior, in cooperation with the ICRC, organized several courses and activities to police officers on the definition of IHL and the interplay between IHL and IHRL. - Organizing an introductory course on IHL and IHRL to 35 officers from the Prisons Authority of the Ministry of Interior at the Training Unit in Tora Prison. - Organizing a training day on IHL to 95 officers from the Ministry of Interior in the Central Security Sector. - Organizing three courses on IHL and the interplay between IHL and IHRL to 25 officers from the Ministry of Interior. - Organizing a training day on IHL to 31 officers from the Ministry of Interior. - Organizing an ICRC dissemination session to a number of police officers at the Police Academy.

4. At the level of general public including civil society and media - Holding a workshop on humanitarian media under the auspices of the ERC and with the participation of the NCIHL. It tackled the role of humanitarian media during disasters and emergencies, drafting press releases, and classification of conflicts. - Organizing first aid courses in cooperation with the ERC and the Syndicate of Journalists to a number of journalists at the headquarters of the Syndicate of Journalists. - Organizing a number of training courses on IHL and protection of journalists during armed conflicts at Al- Ahram Regional Institute for Journalism. - Organizing a number of training courses on IHL and protection of journalists in armed conflicts and other situations of violence at Al-Ahram Regional Institute for Journalism. - Holding a lecture on IHL at the Syndicate of Journalists. - Organizing a workshop for journalists in Rosalyoussef Magazine on IHL in cooperation with the ICRC. - Organizing one first aid course for journalists in cooperation with Al Watan Media Foundation and another first aid course in cooperation with the ERC. - Holding a lecture on IHL at the headquarters of the ERC. - Holding a number of lectures on the principles of IHL and the protected categories to ERC volunteers.

IV. Integration of IHL in curricula - Integrating IHL as part of the practical exercises for armed forces officers and personnel. - Providing armed forces members with IHL material and references. - Teaching IHL in the armed forces. - Integrating an IHL subject in most of the postgraduate studies, especially in IHRL diplomas and in the curricula of a number of faculties of law, with a view to spreading this practice among all Egyptian universities and colleges. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 81

V. Other activities - Through the Ministry of Foreign Affairs, Egypt has actively participated in passing a number of resolutions on ensuring respect of IHL in various UN forums, including the General Assembly in 2017. - The NCIHL participated in several workshops and roundtable discussions organized by LAS on the prevention of sexual violence during armed conflict as one of the vital topics in IHL. - The ERC hosted the Health-Care in Danger (HCiD) meeting with the participation of many relevant government and international organizations.

VI. Way forward - Draft law on the Protection of Cultural Property has been finalized by the NCIHL team, which includes national experts in the team. The necessary measures are being taken to present the draft law to the concerned authorities according to the priorities of the legislative map of the parliament, given their busy schedule enacting several legislations over the past period. - The draft law on the protection of the emblem has been prepared and reviewed by the relevant authorities. The necessary measures are being taken to present the law to the relevant national mechanism. - Egypt is interested in the HCiD initiative, which was evident during Egypt’s presidency of the Security Council and the adoption of Resolution No. 2286. It also looks forward to completing the initiative of the National Assembly through organizing a a small meeting on HCiD in preparation for convening an expanded conference on the topic and issuing the relevant legislation. - The NCIHL is studying all treaties that Egypt has not ratified/acceded to, so as to discuss the obligations and the provisions that the state shall abide by as a result of ratifying/acceding to these conventions. The priorities of the Egyptian State and the national interest shall also be discussed to submit proposals and recommendations on ratifying/acceding to these conventions, with the aim of fully complying with and enforcing IHL provisions. - The Technical Secretariat of the NCIHL prepared a draft MoU to be signed with several Arab NCsIHL after taking the necessary legal measures in this regard. - The Technical Secretariat of the NCIHL has been keen on organizing its work in accordance with internationally agreed standards by developing a comprehensive strategy and a clear plan of action and identifying the outputs required to achieve its objectives: o Preparing a list of the national legislation with priority to carry out Egypt’s international obligations and the required legislative amendments in accordance with the legislative priorities of the Egyptian government. o Preparing a training schedule, in cooperation with the ICRC, for the relevant law enforcement authorities to ensure their awareness of the IHL rules. o Preparing a comprehensive media plan in cooperation with the concerned national authorities to disseminate the principles of IHL. o Reviewing the regional plan of actions to ensure conformity with the national plan. o Preparing of protocols of cooperation with Egyptian universities to integrate IHL into their courses, in addition to carrying out seminars and scientific conferences, in cooperation with the ICRC, to promote implementation of IHL. o Expanding cooperation with the ICRC, especially with the Regional IHL Advisory Services Unit, to benefit from the regional training courses in order to build national technical cadres and specialized IHL experts and raise institutional awareness of IHL. o Participating in all international events related to IHL to benefit from the best practices of states and apply this expertise nationally. o Strengthening the national society and providing technical and legal support to all its relevant activities, making it distinguished among similar regional and international societies. o Building bridges with other NCsIHL to have unified strategies. o Building national cadres specialized in IHL for the benefit of national law enforcement authorities and capable of drafting IHL state reports, similar to the qualified national cadres in the field of IHRL. o Expanding cooperation and participation with LAS to benefit from its IHL-related activities and its broad regional vision and expertise.

82 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

20. KINGDOM OF MOROCCO

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction (with Annex), 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW Convention), 1980. - CCW Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices, 1996. (Original form in 1980) - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - CCW Protocol IV on Blinding Laser Weapons, 1995. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999. - Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000. - International Convention for the Protection of all Persons from Enforced Disappearance, 2006.

Conventions signed - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976. - Rome Statute of the International Criminal Court, 1998.

II. Major achievements of the NCIHL from 2015 to 2018: - Between 2014 and 2018, the NCIHL held roundtable discussions, seminars and training courses on the rules and mechanisms of IHL. - The NCIHL ensures the ratification/accession of Morocco to IHL-related treaties as well as incorporating these treaties in national legislation through carrying out studies and providing advisory opinions to the relevant conventions. - Following up the Kingdom of Morocco's adoption of and involvement in IHL-related conventions via the following: o In 2014, providing advisory opinion to the Prime Minister regarding the proposed draft law on the use and protection of the Red Crescent emblem. o In 2015, providing advisory opinion to the Minister of Justice and Freedoms on the draft Criminal Code issued on 31 March 2015. o In 2016, providing advisory opinion to the Prime Minister on the measures of national implementation of the obligations resulting from the ratification by Morocco of the 1977 Additional Protocols. o In 2016, Morocco enacted Law No. 88 of 2013 on Press and Publication. Article 72 of the Law provides for the punishment of the act of incitement of many crimes including commending war crimes, crimes against humanity and genocide.26

26 Article 72 provides for the punishment of any person who uses the media to directly incite the commission of the crimes of murder, assault on physical integrity, terrorism, theft or vandalism and for the punishment of commending war crimes, crimes against humanity, genocide and terrorist crimes. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 83

o In 2017, submitting an advisory note to the Prime Minister on the adoption of humanitarian solutions to the Syrians stranded on the Moroccan-Algerian border. o In 2018, providing advisory opinion to the Prime Minister on the humanitarian treatment of the damage caused by anti-personnel mines.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - Moroccan universities included an IHL course in the curricula of all faculties of law for bachelor’s students since 2014. - For master’s students, a number of Moroccan universities established master’s degrees specializing in human rights and IHL between 2014-2018: the Faculty of Law at Mohamed V University in Rabat Agdal, the Faculty of Law at Moulay Ismail University in Meknas, the Faculty of Law at the University of Sidi Mohamed Ben Abdallah in Fez, and the Faculty of Law at Hassan II University in Ain Chouk. - Other universities – such as Marrakesh, Rabat Souissi, Salé, Tangier, etc. – devoted to teaching IHL within IHRL, International Law, or International Criminal Law master’s degrees.

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) - Between 2014 and 2018, the NCIHL regularly organized a series of IHL seminars and training courses for the Ministry of Foreign Affairs, legal advisors of the Secretariat of the Government, various government sectors and judges. The training program included various issues relevant to the implementation of IHL at the national level. These activities have been coordinated by Moroccan and ICRC experts. - The NCIHL organized consultations and roundtables with parliamentarians, in this reporting period, to tackle various topics: adapting Morocco’s national legislation with the ratified IHL conventions, finding the best way to adapt national legislation with international humanitarian norms, highlighting the essential role of the parliamentarians in rendering this endeavor successful, and strengthening international cooperation to combat impunity for the crime of genocide, crimes against humanity and war crimes.

3. At the level of government forces (armed and security forces) - IHL is an integral part of the training of military and security forces. Thus, the rules of IHL are taught in the training institutes of the Royal Armed Forces and through the initial and ongoing training courses for the military. From 2012 to 2016, nearly 64106 military personnel - including 1949 foreign trainees - were trained on IHL. - IHL and IHRL are the main pillars of the basic training available at training centers of the Royal Gendarmerie, National Security and Auxiliaries. In this context, between 2014 and 2018, the NCIHL organized a series of training courses on the rules and mechanisms of IHL in these training centers.

4. At the level of general public including civil society and media - The NCIHL aims at focusing more attention on the field of IHL and empowering beneficiaries of the Red Crescent and representatives of civil society to better understand the principles and rules of this law and the mechanisms of its implementation. Thus, between 2014 and 2018, the NCIHL organized a series of training courses on IHL and the challenges facing its implementation at the national level. The trainings targeted the employees of the Moroccan Red Crescent Society, civil society organizations and the journalists. The training course for journalists aims to inform journalists about the protection that IHL provides for them while covering events related to armed conflict.

IV. Integration of IHL in curricula - Integrating IHL into the military doctrine and field practices of the armed and security forces is one of the key pillars of Moroccan practice. The NCIHL was involved in preparing educational materials and manuals from 2015 to 2018 , to train armed and security forces to better understand and apply IHL. This was done by convening several consultation meetings with representatives of the Department of National Defense, the Royal Gendarmerie, the Auxiliary forces and ICRC experts. - To follow-up with the growing interest of university institutions in the field of IHL and simultaneously encourage IHL teaching and research, the NCIHL provides continuous support to the network of IHL professors and researchers. The Committee, thus, held several meetings for professors and researches to familiarize IHL professors with the NCIHL and its competencies and activities, to create channels of continuous communication between the Committee and academics on teaching IHL, and to support university professors’ initiatives on scientific research and specialized training in IHL. - To further strengthen the efforts of Moroccan universities to teach and research in the field of IHL, the NCIHL and the ICRC organized a national moot court competition on the rules of IHL in Rabat in 2016. The second national moot court competition was then organized at the Higher Judicial Institute in 2018. 84 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

V. Other activities - The NCIHL organized a seminar on “National Criminal Legislation and the Statute of the International Criminal Court” on 29 November 2014. This was in the framework of the World Human Rights Forum held in Marrakech in November 2014. - In the context of the 32nd International Conference of the International Red Cross and Red Crescent Movement held in Geneva in December 2015, the NCIHL, in cooperation with the Permanent Mission of the Kingdom of Morocco in Geneva, organized a seminar on “Islam and International Humanitarian Law” in Geneva on 10 December 2015. - The NCIHL, together with the Inter-ministerial Delegation for Human Rights and the National Council for Human Rights, organized the national seminar on “Harmonizing Moroccan legislation with international conventions on human rights and international humanitarian law: stakes and challenges”. The seminar was held in Laayoune city on 16 April 2016. - The NCIHL organized a seminar on “Protecting the environment in armed conflict” within the framework of the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP22) held in Marrakech from 7 to 18 November 2016. - The NCIHL concluded cooperation agreements with other NCsIHL in the Arab region: o The Jordanian NCIHL in 2015; o The Qatari NCIHL in 2016; o The UAE NCIHL in 2017. - In 2017, the NCIHL also concluded a partnership agreement with the Sanremo Institute for IHL. - Morocco is engaged in preparing reports on various IHL instruments and submitting reports regularly to the Human Rights Council in the framework of the Universal Periodic Review. - Participating in the regional IHL trainings in Beirut and Tunis.

VI. Way forward - The NCIHL is currently engaged in preparing an advisory opinion on the Code of Criminal Procedure. - The 2018 Draft Law of the Code of Criminal Procedure is in the final stages of producing a government draft law. - The 2014 Draft Law on the use and protection of the emblem of the Red Crescent is currently before the Secretariat of the Government to be studied and introduced to the legislative body. - The 2016 Draft Law No. 10 on the Completion and Amendment of the Criminal Law due is set to be put to the vote at the next legislative session of Parliament. - The NCIHL welcomes consultations on hosting other IHL activities such as the international campaign for HCiD launched by the ICRC. - In June 2013, the NCIHL adopted a three-year plan of action for 2014, 2015 and 2016. In July 2016, the NCIHL adopted a further three-year plan of action for 2017, 2018 and 2019. These plans are based on five axes: o First: completing Morocco’s engagement in the ratification of/accession to IHL-related conventions; o Second: broadening the scope of adapting national legislation to IHL-related conventions; o Third: developing national capacities and expertise in the field of IHL; o  Fourth: enhancing cooperation and exchange of expertise with foreign organizations and entities concerned with IHL; o Fifth: promoting communication and information. - The NCIHL is preparing studies and drafting advisory opinions on instruments that have not yet been ratified or acceded to by Morocco, namely: o Convention on the Prohibition of the Use of Environmental Modification Techniques for Military or Other Hostile Purposes of 1976. o Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction (the Ottawa Convention) of 1997. o Convention on the Prohibition of the Use, Production and Transfer of Cluster Munitions (Dublin Convention) of 2008. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 85

21. ISLAMIC REPUBLIC OF MAURITANIA(*)

I. Conventions

Conventions ratified - The Four Geneva Conventions, 1949. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on the Rights of the Child, 1989. - International Convention Against the Recruitment, Use, Financing and Training of Mercenaries, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (Ottawa Treaty), 1997. - Convention on Cluster Munitions, 2008. - Arms Trade Treaty, 2013.

Conventions signed - OAU Convention for the Elimination of Mercenaries in Africa, 1977.

(*) No official answer to the questionnaire was received. 86 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

22. REPUBLIC OF YEMEN

I. Conventions

Conventions ratified - Protocol on the Prohibition of the Use of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1925. - Convention on the Prevention and Punishment of the Crime of Genocide, 1948. - The Four Geneva Conventions, 1949. - Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Protocol I to the Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954. - Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 1968. - Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and Their Destruction, 1972. - Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques, 1976. - Protocol I Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts, 1977. - Protocol II Additional to the Geneva Conventions and Relating to the Protection of Victims of Non- International Armed Conflicts, 1977. - Convention on the Rights of the Child, 1989. - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, 1993. - Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their Destruction (Ottawa Treaty), 1997. - Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000.

Conventions signed - Rome Statute of the International Criminal Court, 1998. - Protocol II to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1999.

II. Major achievements of the NCIHL from 2015 to 2018: - The authorities started reactivating and promoting the role of the NCIHL after the Yemeni government regained control over vast territories of Yemen in 2016. The activation was initiated by announcing the first NCIHL meeting to take place in Aden in 2019. The meeting aims at setting the mechanisms and means of activating the role of the NCIHL and coordinating these efforts with the ICRC.

III. Main activities in the field of IHL dissemination and training: 1. At the academic level: - A number of academics participated in the regional IHL trainings in Beirut and Tunis in this reporting period. - The NCIHL, in cooperation with the ICRC, is keen on disseminating IHL as widely as possible. This is done through conducting lectures and seminars in state universities, integrating IHL in the faculties of law in the universities of Aden and Taizz and the faculties of political science and media in , as well as integrating IHL in the master’s degree curriculum of the Higher Judicial Institute.

2. At the level of authorities and experts (government employees, judges, legal specialists, parliament members and diplomats) - Representatives from the Ministry of Foreign Affairs participated in regional IHL trainings in Beirut and Tunis in this reporting period. - The Yemeni government, represented by the NCIHL, in coordination with the ICRC, worked on IHL dissemination and training by conducting regular lectures, seminars and intensive training courses for judges, armed forces, parliamentarians, diplomats, and civil society. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL 87

3. At the level of government forces (armed and security forces) - Representatives from the Ministry of Interior and Ministry of Defence participated in Arabic regional IHL trainings in Beirut and Tunis in this reporting period

4. At the level of general public including civil society and media - Lawyers and activists from the civil society participated in Arabic regional IHL trainings in Beirut and Tunis in this reporting period.

IV. Integration of IHL in curricula - The NCIHL worked on integrating IHL or some of its provisions in the curricula of the faculties of Law and Sharia and higher studies of Judiciary institutes in a number of state universities and schools in various provinces.

V. Other activities Part of the national steps and measures taken to implement IHL at the national level include the establishment of a national mechanism for monitoring, documenting, and investigating violations against IHL during the armed conflict. The National Commission of Inquiry was thus established for the investigation of human rights violations.27 It is a neutral and independent entity that monitors and investigates human rights violations committed in Yemen since 2011 till now, - The commission derives its mandate – investigating all human rights violations committed in Yemen – from presidential Decree No. 140/2012, on the establishment and reformation of the national commission for the investigation of human rights violations, and its amendments. - The Decree states that the commission assumes its mandates and competences neutrally and independently, with no intervention, impediment, obstruction whatsoever in its affairs. Anyone who violates this shall be held accountable. - As per the Decree, the commission shall abide by the relevant international standards, national legislation, and treaties ratified by Yemen. - The commission submits regular reports, periodically or as required, to the President and the judicial authority, and refers the investigated cases to the Attorney General to resume referral to the court. Accordingly, the commission monitors and documents all the violations committed in Yemen and decides whether these violations are IHL breaches or not. It deals with violations committed by any party to the conflict: Yemeni government, legitimacy support coalition, Houthi militias, Qaida, or any other violating party in Yemen. - To date, the commission issued six reports, the last of which represents the results of the monitoring, documentation and investigations carried out by the NCIHL on the violations of human rights from 01/08/2018 to 31/01/2019. During the mentioned period, the commission observed 3007 cases of violations in Yemen, comprising more than 30 different types of violations carried out by all parties to the conflict.

VI. Way forward - Reactivate the NCIHL in Yemen and promote IHL as much as possible. - Continue monitoring and investigating IHL violations through the National Commission of Inquiry for the investigation of human rights violations.

27 The commission is currently based in Aden and may establish branches in other provinces. The commission consists of nine members, three of them women. All candidates shall possess qualifications, integrity, independence, and expertise in the field.

5. ANNEXES

ANNEXES 91

5. ANNEXES

1. Summary list of all national committees on international humanitarian law and similar national bodies

2. Detailed list of information related to national committees on international humanitarian law in Arab states

3. Factsheet on national committees on international humanitarian law

4. Table of all the international humanitarian law-related Conventions signed/ratified/acceded to by Arab states

5. The Arab model law on international crimes

6. Memorandum of understanding between the State of Kuwait and the ICRC on the creation of the regional centre for training magistrates and public prosecutors in the field of international humanitarian law

7. Memorandum of understanding between the United Arab Emirates and the ICRC on the creation of the regional centre for training diplomats in the field of international humanitarian law 92 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) MIDDLE EAST Bahrain Egypt Iran (Islamic Republic of) Iraq Jordan Kuwait Lebanon Oman Palestine Qatar Saudi Arabia Syria UAE Yemen AFRICA Algeria Cabo Verde Comoros Côte d’Ivoire Gambia - Libya Morocco THE AMERICAS Argentina Bolivia Brazil Canada Chile Colombia Costa Rica Dominican Republic El Salvador Ecuador Guatemala Honduras Mexico Nicaragua Panama Paraguay Peru & Tobago Trinidad Uruguay ASIA & PACIFIC Australia Bangladesh Republic of) China (People’s Cook Islands Indonesia Japan Malaysia Mongolia* Nepal New Zealand New Guinea Papua (the) Republic of Korea Samoa Sri Lanka Vanuatu CENTRAL ASIA Kazakhstan Kyrgyzstan Tajikistan Turkmenistan SUMMARY LIST OF ALL NATIONAL COMMITTEES ON INTERNATIONAL HUMANITARIAN LAW AND SIMILAR NATIONAL BODIES AND SIMILAR NATIONAL LAW HUMANITARIAN COMMITTEES ON INTERNATIONAL LIST OF ALL NATIONAL SUMMARY EUROPE Austria Belarus Belgium Croatia Czech Republic Denmark Finland Georgia Germany Greece Hungary Iceland Ireland Italy (two committees) Lithuania Macedonia (former Yugoslav Republic of) Norway (two committees) Poland ANNEXES 93 28 TOTAL: 14 TOTAL: Total Arab countries with NCIHL: 19 Arab Total TOTAL: 31 TOTAL: * Sudan Tunisia TOTAL: 20 TOTAL: Venezuela TOTAL: 15 TOTAL: TOTAL: 4 TOTAL: TOTAL: 28 TOTAL: The only Arab states without an NCIHL are Djibouti, Mauritania and Somalia. Arab states without an NCIHL The only DETAILED LIST WITH INFORMATION RELATED TO NATIONAL COMMITTEES OF INTERNATIONAL COMMITTEES OF INTERNATIONAL NATIONAL TO RELATED LIST WITH INFORMATION DETAILED  Moldova Romania Slovakia Slovenia Sweden (two committees) Switzerland Ukraine United Kingdom 28 94 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) Mandate Determine the general policy and national strategyDetermine the general policy approving together with the ICRC and other parties concerned, Promote, Arab, Exchange information and expertise with national, Carry out research and studies for the parties concerned, following recommendations and reports related to IHL, Adopt, Ccontribute to developing national legislation related to IHL. plans and programmes for raising awareness of the principles of IHL at the national level. efforts to disseminate the principles of IHL. regional and international organizations and commissions concerned with IHL and strengthen ties them. presenting proposals to them and giving advice. up with the concerned parties for further development. •  •  •  •  • Issue publications on IHL and ways to implement it. •  • 

30 Composition Representatives: Defence, Prime Minister, Education, Interior, Justice, Affairs, Foreign four Senate, Assembly, National Health, experts appointed by the chairman of and the Jordanian Red the committee, Crescent (represented by its president) Appointed by the King Chairmanship: Vice-Chairmanship: General Director of the Jordanian Red Crescent .icrc.org/ihl-nat / 29 As of 31 December 2018 Operation Operation Year established/Legal basis Year Established: 29/91998 Established: which 5 of 2016, Law No. Legal basis: 63 of 2002 replaced temporary Law No. adopted under Law No.5 of Formally 2016 (published in the official gazette, 2016) issued on 1 February 5378, No. Regulations issued by the Operation: and instructions issued Prime Minister, by the committee TABLE OF THE NATIONAL COMMITTEES AND SIMILAR BODIES ON INTERNATIONAL HUMANITARIAN LAW (IHL) LAW HUMANITARIAN COMMITTEES AND SIMILAR BODIES ON INTERNATIONAL OF THE NATIONAL TABLE committee Name and address of the Name and address National Committee for the Implementation of International Humanitarian Law c/o Jordan National Committee Box 5413 P.O. Amman 11953 Jordan +962 65529142 Tel.: +962 65529745 Fax: [email protected] Email: http://www.ncihl.org.jo/ Web: DETAILED LIST WITH INFORMATION RELATED TO NATIONAL COMMITTEES ON INTERNATIONAL HUMANITARIAN LAW IN ARAB STATES. LAW HUMANITARIAN COMMITTEES ON INTERNATIONAL NATIONAL TO RELATED LIST WITH INFORMATION DETAILED Most of the members of NCsIHL are representatives of State ministries, e.g. Ministry of Foreign Affairs, Ministry of Justice. Affairs, are representatives of State ministries, e.g. Ministry Foreign Most of the members NCsIHL For more information, please visit the ICRC National Implementation Database available at: www  Country   Jordan 29 30 “Justice”, etc. Affairs”, avoid repetition, the various ministries are referred to simply as “Foreign To ANNEXES 95 Mandate Bolster the implementation of IHL and to ensure coordination Review IHL-related legislation and to submit Collect data and statistics related to State contributions in Strengthen cooperation and exchange of experiences with Set up plans and training programmes to organize Ensure implementation and application of IHL. strategies and plans. IHL policies, Develop the kingdom’s regional Exchange information and expertise with national, publicationsproduce and IHL on studies and research Conduct Study and follow up recommendations and reports relating to among the competent State authorities. recommendations on the subject. connection with IHL. and other organizations active in the area National Societies, of IHL. with a view to raising awareness of and seminars, disseminating IHL. and international IHL committees. relating to the principles and application of IHL. IHL. •  •  •  •  •  •  •  •  • Enhance cooperation with the ICRC. •  •  • Review all national laws to ensure their compliance with IHL. Composition Representatives: Islamic Interior, Justice, Affairs, Foreign Supreme Command of Awqaf, Affairs and The Supreme Council Armed Forces, the University of the for National Security, Arab Arab Emirates and the United United Emirates’ Red Crescent Assistant Minister of Foreign Chairmanship: Affairs and International Cooperation for Affairs and International Law Human Rights Emirates Red Crescent Secretariat: Foreign Interior, Defence, Representatives: Information, Health, Education, Affairs, National Institution for Human Rights, Bahrain University and Red Crescent Society Minister of Chairmanship and secretariat: Justice, Islamic Affairs and Awqaf Operation Operation Year established/ Legal basis / Year Established: 2004 Established: 32 of the Decision No. Legal basis: 1 November 2004 Council of Ministers, 2014 Established: Royal Decree Legal basis: 39 of 15 May 2014 No. committee Name and address of the Name and address National Committee on International Humanitarian Law Emirates Red Crescent PO Box 3324 Abu Dhabi Arab Emirates The United +971 26 41 90 00 Tel.: +971 24 93 19 13 Fax: +971 50 79 179 97 Mobile: [email protected] Email: [email protected] National Committee on International Humanitarian Law Islamic c/o Ministry of Justice, Affairs and Awqaf PO Box 450 Bahrain +973 17 530 564 Tel.: +973 17 531 222 +973 17 513 303 +973 17 531 284 Fax: +973 17 530 574 Country UAE Bahrain 96 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) Mandate Assess domestic implementation of IHL and submit proposals Propose ways to bring national legislation in line with IHL. Propose an annual plan for the dissemination of IHL and its associations and Cooperate with other committees, Review domestic law in light of IHL and make to enhance it. national implementation and coordinate with relevant bodies to ensure the plan is implemented. humanitarian organizations active in the field of IHL. recommendations in this regard to the national authorities. •  •  •  •  • Dsseminate and promote IHL. •  Composition Representatives: Representatives: Justice and Human Office, Prime Minister’s Interior Defence, Affairs, Foreign Rights, and Family Women, and Development, Environment and Education, Children, Culture and Protection Rural Development, Higher Health, of Cultural Property, Communications, Affairs, Social Education, High Committee for Human Rights and Union of Tunisian Fundamental Freedoms, Red Crescent and three Tunisian Solidarity, national experts in IHL Minister Chairmanship and secretariat: of Justice and Human Rights or his/her representative National Affairs, Foreign Representatives: Energy Finance, Interior, Justice, Defence, Industry, Resources, Water and Mines, Religious Affairs and Awqaf, Environment Health, National Education, Tourism, and Higher Education, Information, Culture, and Professional Education, Training National Labour and Social Insurance, General and Sports, Youth Solidarity, General Directorate for National Security, Command of the National Gendarmerie, Algerian Muslim Algerian Red Crescent, Consultative Commission for the Scouts, Promotion and Protection of Human Rights qualified experts and On invitation, organizations Minister of Justice and Chairmanship: Keeper of the Seals Ministry of Defence Secretariat: Operation Operation Year established/ Legal basis / Year Established: 2006 Established: 2006-1051 of Decree No. Legal basis: April 2006 (published in the Official 20 April 33 of 25 Journal No. 2006) 2008 Established: Presidential Legal basis: 08-163 of 4 June 2008 Decree No. committee Name and address of the Name and address Commission nationale de droit international humanitaire c/o Ministry of Justice 31 Boulevard Bab Benat, 1006 La Kasbah Tunis Tunisia +216 71 561 354 Tel.: +216 71 568 106 Fax: [email protected] Email: Commission nationale du droit international humanitaire c/o Ministry of Justice 11 December 1960 Street El Biar Algeria +21 321 920 611 Tel.: +21 321 921 766 Fax: Country Tunisia Tunisia Algeria ANNEXES 97 Mandate Raise awareness of IHL. Review domestic legislation to determine whether it is in line Approve programmes to spread knowledge of IHL and follow approve and organize workshops any other Consider, Study new developments in IHL and make recommendations regional Cooperate and exchange experiences with national, Coordinate government efforts and to advise the State on with IHL and to suggest possible improvements. up implementation of legislative provisions in this area. activities related to IHL in Sudan and participate in conferences and other activities abroad. to the relevant national authorities. and international organizations and assist the relevant national authorities in the drafting of reports. IHL-related matters. •  •  • Set up mechanisms and take measures to implement IHL. •  •  •  •  •  Composition Representatives: Foreign Interior, Aviation, Defence and Culture Higher Education, Justice, Affairs, Economy and Planning, and Information, Human Rights Committee within Education, and the Saudi Red the Consultative Council, Crescent Saudi Red Chairmanship and secretariat: Crescent Authority Representatives: Justice, Defence, Affairs, Foreign Higher Education, Health, Interior, Finance, Affairs, Humanitarian Education, Information, International Cooperation, Chairman of the Law Council of Ministers, Assembly, Commission of the National Human Sudanese Intelligence services, dignitaries and Rights Commission, and the Sudanese Red Crescent experts, Ministry of Justice Chairmanship: the rapporteur, The chairman, Secretariat: the executive director and finance and one other person appointed by director, the chairman Operation Operation Year established/ Legal basis / Year Established: 2007 Established: 144 of the Decree No. Legal basis: Council of Ministers, 14 May 2007 (27-04-1428 Hegira) 2003 Established: Presidential Legal basis: 2003 48 of 8 February Decree No. Internal regulations Operation: committee Name and address of the Name and address National Committee on International Humanitarian Law Authority Saudi Red Crescent International Humanitarian Law Committee RiyadhSahafa District 11129 Saudi Arabia 11 280 55 Tel.:+966 +966 11 280 66 Fax: [email protected] Email: National Committee on International Humanitarian Law c/o Ministry of Justice PO Box 302 Al Gomhoria Street Sudan +249155888670 Tel.: Email:[email protected] Country Saudi Arabia Sudan 98 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) Mandate Coordinate national action to spread knowledge of IHL. Adopt domestic legislation implementing IHL. Examine violations of IHL. Arab Red Crescent and the General Support the Syrian Develop plans and programmes to promote implement Act as the main reference on IHL. Directorate for Civil Defence and International Cooperation. IHL and humanitarian principles at national level. •  •  •  •  •  •  Composition Representatives: Representatives: Affairs, Defence, Foreign General Higher Education, Interior, Justice, Directorate of Civil Defence and the Syrian Arab Red Crescent. Deputy Minister of Foreign Chairmanship: Affairs Department of International Secretariat: Organizations at the Ministry of Foreign Affairs Representatives: Deputy Head of Shura, Council for Administrative Judiciary Affairs, Higher Interior, Affairs, Foreign Defence, Commission for Human Rights, Department/General International Treaties Secretariat for the Council of Ministers, Higher Education and Scientific Research, and Health Displaced and Migration, Assistant Chairmanship and secretariat: and Head of International Director-General General Secretariat Agreements Division, for the Council of Ministers Operation Operation Year established/ Legal basis / Year Established: 2004, and 2004, Established: reactivated in 2015 Primer Legal basis: 2989 of 2 June Decree No. Minister’s Decree No. 2004/ Primer Minister’s 2072 of 21 July 2015 and reestablished 2014, Established: 2015 Government Legal basis: 38 of 2014/ Order No. 10 of 2015 Government Order No. committee Name and address of the Name and address Syrian National Committee on International Humanitarian Law Affairs and Ministry of Foreign Expatriates Kafarsouseh Damascus Arab Republic The Syrian +963 11 2181000 Tel.: +963 11 2146251 - 2 3 Fax: National Committee on International Humanitarian Law c/o General Secretariat for the Council of Ministers and Assistant Director-General Agreements Head of International Division Karadat Maryam Iraq +964 78 09 03 93 81 Tel.: Email: [email protected] Country Syria Iraq ANNEXES 99 Mandate Introduce the principles of IHL and related culture in Oman. Suggest measures for implementing IHL in Oman. Make proposals for harmonizing national law with the rules Encourage Oman to ratify/accede to international agreements/ Propose and adopt an annual plan of action that includes of IHL and other international agreements/instruments signed by Oman. instruments related to IHL. spreading awareness of IHL and its domestic implementation and submit it to the Cabinet among the authorities concerned, for approval. •  •  •  •  •  Composition Representatives: Representatives: Heritage & Culture, Affairs, Legal Justice, Manpower; Sultan Qaboos Education, University; Royal Institute of Oman Police; Ambulances; and the Civil Defence and Oman Charitable Organization Affairs Ministry of Foreign Chairmanship: Ministry of Defence Vice-Presidency: Operation Operation Year established/ Legal basis / Year Established: 2017 Established: Ministerial decision No. Legal basis: issued by the 330 of 10 October 2017, Ministry of ForeignAffairs committee Name and address of the Name and address Omani National International Humanitarian Law Committee +968 246 016 53 Fax: Email:[email protected] Country Oman 100 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) Mandate Disseminating IHL among different groups, including including Disseminating IHL among different groups, Using IHL to contribute the protection of Palestinians. Monitoring and documenting violations of IHL and proposing revisions Reviewing existing applicable legislation, Coordinating with other national IHL committees and Submitting proposals to relevant entities concerning the Ensuring protection of and respect for the red cross ensuring Enhancing national expertise and capacities in IHL, supporting efforts to incorporate IHL in the curricula of universities and educational institutes. schools, recommending ways to address them. in line with IHL provisions. and submitting draft laws, participating in related regional and international conferences. application of IHL and following up on their implementation. as well for the additional red crystal crescent emblems, in coordination and cooperation with the Palestine emblem, Red Crescent Society and other relevant official bodies. respect for IHL and developing plans programmes to to its application. overcome obstacles Undertake legal and technical measures, in cooperation with all Undertake legal and technical measures, in order to ensure respect for and dissemination relevant entities, of IHL by: •  •  •  •  •  •  •  •  Composition Representatives: Representatives: General Secretariat of the Palestine Red Palestine Liberation Organization, Supreme Crescent Society (as rapporteur), Education Interior, Justice, Judicial Council, Commission Health, and Higher Education, Affairs, of Detainees and Ex-Detainees and National Guidance Political Legal Commission of the Organization, Legal Commission Assembly, National General Assembly, of the Legislative Military Directorate for Civil Defence, Independent Judiciary Authority, Commission for Human Rights and civil society organizations concerned with IHL Assistant Chairmanship and secretariat: Affairs for Multilateral Minister of Foreign Relations Operation Operation Year established/ Legal basis / Year Established: 2016 Established: Decree number 2/2016 Legal basis: committee Name and address of the Name and address Palestinian National Committee onPalestinian International Humanitarian Law Red Crescent c/o Palestine Society (temporary office) Jerusalem Main St. Box 3637 P.O. Al-Bireh Palestine +970599412618 Tel.: +97022943165 Fax: +97022943166 +97022943167 +97022943168 Email:[email protected] Country Palestine ANNEXES 101 Mandate Foster cooperation and exchange of information Foster and expertise Propose agreements or protocols with similar committees and Submit proposals for bringing domestic legislation in line with Provide advisory opinions on IHL-related matters to the Submit proposals and studies necessary for implementing IHL an in coordination with competent authorities, Draw up, organize seminars Develop plans and training programmes, Collect data and statistics on State contributions related to IHL any other tasks assigned by the Council of Ministers. Perform with regional and international committees, federations, federations, with regional and international committees, propose To associations and organizations concerned with IHL or ratification of pertinent accession to, the signature of, international conventions and treaties. bodies. IHL. authorities concerned. domestically. annual plan for disseminating IHL. publish newsletters and periodicals to and meetings, implement and raise awareness of IHL. disseminate, •  •  •  •  •  •  •  •  •  Composition Representatives: Representatives: Affairs; Justice; Defence; Interior; Foreign Labour and Administrative Development, Affairs; the Ministry of Education and Social Higher Education; the Ministry of Public Health; the Shura (Consultative) Council; The Qatari University of Qatar; and the Qatari Foundation; Red Work Social Crescent. Deputy Minister of Justice Chairmanship: Nominated by the Chair Rapporteur: Operation Operation Year established/ Legal basis / Year Established: 2012 Established: Decree Prime Minister’s Legal basis: 27 of 2012 on the Establishment No. the National Committee for International Humanitarian Law (issued by the Emir’s office on 8 May 2012) Decree Amended by Prime Minister’s No (11) of 2016 (issued by the Emir’s office on 15 March 2016) committee Name and address of the Name and address National Committee on International Humanitarian Law c/o Qatari Ministry of Justice Box 917 P.O. Doha Qatar +97440216111 Tel.: +97440215125 Fax: +97455559778 Mobile: Email: [email protected] [email protected] Country Qatar 102 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) Mandate liaise between the government and other parties concerned promote ratification and implementation of IHL instruments, and help make it better known, foster the development of IHL, Look into and assist in bringing domestic legislation in line Coordinate the activities of State bodies involved in the proposals and advice for Provide recommendations, Draw up a plan for organizing training and dissemination on the issue of ensuring respect for IHL. and to assist the government in implementing treaties and conventions that it has ratified. promote attendance at relevant international forums. with obligations under the Geneva Conventions and their Additional Protocols as well other IHL instruments. implementation of IHL. implementing IHL at the national level. programmes in IHL. •  •  •  •  •  •  •  Composition Representatives: Foreign Affairs and Foreign Representatives: Culture and Education, Cooperation, National Coordinator on Defence, Research, Armed IHL at the Comoros Red Crescent, Secretary-General of the Forces, Delegate-General for Human Grand Mufti, on Justice Director-General Rights and IHL, Affairs Committee at the Foreign Affairs, Department for the Assembly, National Protection of the Rights Children and at the Human Rights General Women of Delegation. Government Chairmanship and secretariat: representative for human rights and Ministry of Justice humanitarian affairs, Membership: Interior, Justice, Defence, Affairs, Foreign of Law of Kuwait Faculty Communication, Red Crescent University and the Kuwait Society Minister of Chairmanship and secretariat: Affairs Awqaf and Islamic Justice and Operation Operation Year established/ Legal basis / Year Established: 2003 Established: 03 - Decree No. Legal basis: 104/PR of 17 November 2003; Decree 10-119/PR of 1 September 2010 No. and reestablished in 2006, Established: January 2015 Ministerial Decree of the Legal basis: 9 October 2006/ Ministry of Justice, 18 of ministerial Decision No. Kuwait the year 2015 committee Name and address of the Name and address Commission interministérielle du droit international humanitaire (CIDIH) c/o Ministère de la justice Délégation Générale des Droits 181 Moroni de l’Homme B.P. Comoros +269 347 68 99 Tel.: Email: [email protected] National Committee on International Humanitarian Law c/o Ministry of Justice Department of International Cooperation Box 6 Safat 13001 P.O. City Kuwait Kuwait Country Comoros Kuwait ANNEXES 103 Mandate Drafting the necessary provisions and measures to adapt Drawing up an annual plan of action for the appropriate Coordinating between all the stakeholders involved in Exchanging information and expertise to strengthen relations Monitoring and documenting IHL violations at the domestic Providing proposals and recommendations in connection with Reporting annually to the Prime Minister. national legislation. dissemination of IHL. dissemination and implementation of IHL. regional and international levels. on the national, level. the national plan. Follow up an implementation  Follow plan to incorporate IHL in national legislation by: •  •  •  •  •  •  •  Composition Representatives: Justice, Foreign Affairs Foreign Justice, Representatives: Interior and Municipalities, and Immigrants, Higher National Defence, Finance, the Parliamentary Education and Culture, Bar Commission for Human Rights, the , Associations in Beirut and Lebanese Order of Physicians in Beirut and and others the Lebanese Red Cross, Tripoli, General Director of the Chairmanship: Ministry of Justice Attached to the General Secretariat: Office Secretariat of the Prime Minister’s Operation Operation Year established/ Legal basis / Year Established: 2010 Established: Presidential Legal basis: 4382 of 21 June 2010 Decree No. committee Name and address of the Name and address Lebanese National International Humanitarian Law Committee c/o Office of the Prime Minister Riad El-Solh Square Beirut Lebanon +961 142 29 38 Tel.: +961 142 22 78 Email: [email protected] Country Lebanon 104 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) Mandate Develop strategies, plans and programmes for implementing Develop strategies, Study IHL conventions and prepare draft legislation to To Design and implement training programmes on IHL Coordinate the activities of national bodies concerned with Monitor violations of IHL and propose remedial measures. Enact measures to promote and disseminate IHL. coordinate activities of the Promote implementation of IHL, Promote training of public officials responsible for by developing training Contribute to training these officials, Exchange information and experiences with other bodies IHL. implement these conventions. regional and international seminars and organize national, events on IHL and its domestic implementation. implementing IHL. and make proposals to decision-makers. agencies concerned, implementation of IHL. programmes. concerned with IHL. •  •  •  •  •  •  •  • Propose an annual national plan for disseminating IHL. •  •  •  Composition Representatives: Secretariat of the General Representatives: Committee for Justice, People’s External Communication and Defence, Public Security, International Cooperation, Culture, Higher Education, Health Care, National Center for Educational Planning, IHL Association, Bar charitable foundations, and the Libyan Red Crescent experts, Minister of Justice Chairmanship: Ministry of Justice Secretariat: Representatives: Interior, Justice, Defence, Affairs, Foreign General Higher Education, the Egyptian Red Intelligence Service, the ICRC and experts Crescent Society, Minister of Justice (or his Chairmanship: deputy) Ministry of Justice Secretariat: Operation Operation Year established/ Legal basis / Year Established: 2005 Established: 253 of the Decree No. Legal basis: General Popular 18 December 2005 Committee, 2000 Established: Legal basis: Prime Minister's Decree No. 149 of 23 January 2000 The changes in the composition of committee were introduced by Decree Minister of Justice’s No.1124 of 2012 issued on 22 December 2012 committee Name and address of the Name and address National Committee on International Humanitarian Law c/o Ministry of Justice Tripoli Libya Ministry of Justice +218214808253 Tel.: +218214808252 +218214808251 Email: [email protected] [email protected] Office Minister’s 21 4804632 Tel.:+218 Undersecretary +218 21 4804630 Tel.: Email: [email protected] Administration +218 21 4809830 Tel.: [email protected] Email: National Committee on International Humanitarian Law c/o Ministry of Justice Lazoughli Square Cairo Egypt +202 792 2269 Tel.: +202 795 6059 Fax: Country Libya Egypt ANNEXES 105 Mandate Advise the government on all issues related to the implementation, promotion and dissemination of IHL at the implementation, national level. •  Composition Representatives: Representatives: Affairs, Interior, Foreign Affairs, Habous and Islamic Justice, Higher Education, National Education, Health, Training, Scientific Research and and Family Solidarity, Communication, Economy Defence, Social Development, Modernization of the Public and Finance, General Secretariat of the Sector, National Human Rights Government, General Royal Gendarmerie, Council, Security Administration on Security Forces, Civil Protection, Assistance Forces, NGOs and the Moroccan Red scholars, Crescent General Secretariat of the Chairmanship: Government Ministry of Justice Secretariat: Operation Operation Year established/ Legal basis / Year Established: 2008 Established: 2.07.231 of 9 Decree No. Legal basis: July 2008 (published on 10 2008, 5646 of the official gazette, in issue No. Al-Jarida Al Rasmiya) committee Name and address of the Name and address Commission nationale du droit international humanitaire Avenue Ahmed 24, Balafrej Quartier Souissi Rabat Morocco +212 5 37 63 02 69 Tel.: +212 5 37 63 14 76 Fax: farida_ email: Chairperson’s [email protected] Country Morocco 106 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) Mandate Review domestic legislation and propose amendments to measures and procedures to ensure the Design mechanisms, Develop plans and programmes for disseminating IHL at all Oversee implementation of IHL provisions regulating use of seminars and other events at the national level, Organize, Examine draft IHL treaties and make proposals Promote cooperation and the exchange of expertise with keep pace with new developments in IHL effective application and implementation of IHL levels of society and for monitoring its application the red cross and crescent emblems prohibiting their misuse. and take part in pertinent regional related to IHL, international events. recommendations. regional and international organizations working in the area and support government authorities in carrying out of IHL, studies and drafting reports requested by these organizations. •  •  •  •  •  •  •  Composition Representatives: Representatives: Legal Justice, Defence, Affairs, Foreign Higher Interior, Media, Education, Affairs, Public Health Human Rights, Education, Representative of the and Population, Red Crescent Society Yemen President, Affairs Ministry of Foreign Chairmanship: Ministry of Health Vice-chairmanship: Red Crescent Society Yemen Secretariat: Operation Operation Year established/ Legal basis / Year Established: 1999 Established: Presidential Legal basis: 408/1999 of 11 Decree No. December 1999 36/2009 Republic Decree No. concerning the reformation of the committee Internal regulations Operation: committee Name and address of the Name and address National Committee on International Humanitarian Law Red Crescent Society Yemen c/o Head Office 10 Building No. Al Qa’a District Office 26 Near Minister’s September St. Box 1257 P.O. Sana’a Yemen +967 1 28 31 32 Tel.: +967 1 28 31 33 +967 1 29 86 15 Fax: Email:[email protected] Country Yemen ICRC ADVISORY SERVICE ON IHL ADVISORY ICRC ON 31 December 2018 UPDATED TABLE ANNEXES 107

ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN LAW

NATIONAL COMMITTEES FOR THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW

The Geneva Conventions of 1949 and their Additional Protocols of 1977 are the principal treaties governing aid to and protection of the victims of armed conflict. In order to secure the guarantees provided by these instruments, it is essential that the States implement their provisions to the fullest possible extent. Implementation requires the States to adopt a number of internal laws and regulations. They must, for example, establish rules on the punishment of violations, the use and protection of the red cross and red crescent emblems and the fundamental rights for protected persons. In addition, the States are obliged to spread knowledge of the Conventions and Protocols as widely as possible. Owing to the broad range of issues associated with these responsibilities, comprehensive implementation of the rules of international humanitarian law (IHL) requires coordination and support from all the government departments and other entities concerned.

The purpose of national It should be able to evaluate The composition of the humanitarian law committees existing national law in the light Committee of the obligations created by the To facilitate this process, some Given its functions, a national Conventions, Protocols, and other States have created either national humanitarian law committee instruments of IHL. interministerial working groups, requires a wide range of expertise. often called committees for the It should be in a position to make The committee must include implementation of IHL or national recommendations for further representatives of the government humanitarian law committees. Their implementation, to monitor the law ministries concerned with purpose is to advise and assist the and ensure it is applied. This may implementing IHL. Precisely which government in implementing and involve proposing new legislation ministries are relevant will depend spreading knowledge of IHL. or amendments to existing on the committee’s mandate, but law, coordinating the adoption Setting up such committees is they are likely to include Defence, and content of administrative recognized as an important step in Foreign Affairs, Internal Affairs, regulations, or providing guidance ensuring the effective application of Justice, Finance, Education and on the interpretation and IHL, and has been advocated by the Culture. application of humanitarian rules. International Committee of the Red It may also be useful to have Cross, the Intergovernmental Group The committee should play an representatives of legislative of Experts for the Protection of War important role in promoting committees, members of the Victims and the 26th International activities to spread knowledge of judiciary and personnel from the Conference of the Red Cross and Red IHL. It should have the authority to headquarters of the armed forces. Crescent (Geneva, 1995). conduct studies, propose activities, and assist in making IHL more It is important that such a committee The functions of a national widely known. The committee include other qualified persons. humanitarian law committee should therefore be involved in These may be individuals not instructing the armed forces in this associated with government The organization and objectives domain, teaching it at various levels ministries but who are appointed of a national committee must be of the public education system and for their legal, educational, determined by the State at the promoting the basic principles of communications or other expertise. time of the committee's formation. IHL among the general population. The committee should therefore However, since its purpose is to consider inviting IHL specialists from further the implementation and universities (especially law faculties), promote knowledge of IHL at humanitarian organizations and the national level, the committee possibly the electronic and print should have the following characteristics: media. 108 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

The role of the national Red Implementing international It is important to emphasize Cross or Red Crescent Society humanitarian law that the full implementation of IHL is an ongoing process and is It is likely that the national Red Creating a national committee can not completed solely by passing Cross or Red Crescent Society will be a useful and indeed decisive laws and issuing regulations. already be involved in some of the step in ensuring the comprehensive Comprehensive implementation activities and functions mentioned implementation of international involves monitoring the application above. humanitarian law. It represents and promotion of the law, as a commitment to securing the The National Society often well as keeping informed of and essential guarantees laid down possesses valuable knowledge and contributing to its development. for the victims of armed conflict, experience, which can help achieve It is therefore recommended demonstrating that the State is the committee's objectives. In some that a national humanitarian law taking steps towards fulfilling its States where such committees exist, committee be a permanent and not fundamental obligation to respect it was the National Society that an ad hoc body. and ensure respect for IHL. requested its setting up and hence It is also recommended that, was instrumental in its formation. Neither the Geneva Conventions once created, the committee In many States, the National nor their Additional Protocols establish relations with other Society provides the committee’s require such a committee to be set national committees and the secretariat. up. It is therefore entirely up to the International Committee of the State concerned to determine how Considering the position and Red Cross. Representatives of the it is created, how it functions, and experience of a National Society, national committees should meet who are its members. it is important that a national regularly and share information committee include representatives As a result, there is considerable concerning current activities and of the Society. flexibility as to the role and past experiences. This is particularly characteristics of such committees. important among States within the Setting up a national Some of the most important same geographic region or with humanitarian law committee features have been outlined above, similar political or legal systems. but any State is free to add others. A national committee for the Through its Advisory Service on implementation of IHL need not international humanitarian law, have a specific structure. The the International Committee of process by which it is set up will the Red Cross works on a regular depend on the structure and basis with national committees for procedures of the State concerned. the implementation of IHL. It also Generally, the executive power will stands ready to assist and provide have authority to establish such a further information to States body. interested in forming committees. ANNEXES 109 ADVISORY SERVICE ADVISORY ON INTERNATIONAL HUMANITARIAN LAW HUMANITARIAN ON INTERNATIONAL CONVENTIONS SIGNED/RATIFIED/ACCEDED TO BY ARAB STATES TO CONVENTIONS SIGNED/RATIFIED/ACCEDED TABLE OF ALL THE INTERNATIONAL HUMANITARIAN LAW-RELATED LAW-RELATED HUMANITARIAN OF ALL THE INTERNATIONAL TABLE Last updated on 30 December 2018 110 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) THE CHILD, 1989 THE CHILD, CONVENTION ON THE RIGHTS OF Ratification / Reservation / Declaration: 24.05.1991 Ratification / Reservation / Declaration: 03.01.1997 13.02.1992 Ratification: Ratification / Reservation / Declaration: 30.01.1992 Ratification / Reservation/ Declaration: 16.04.1993 06.12.1990; Ratification: 06.12.1990 Reservation / Declaration: Ratification / Reservation / Declaration: 26.01.1996 03.08.1990 Ratification: Ratification / Reservation / Declaration: 15.07.1993 Ratification: 01.10.2015; 01.10.2015 Reservation / Declaration: Ratification / Reservation / Declaration: 15.06.1994 ADDITIONAL PROTOCOL (II) TO (II) TO ADDITIONAL PROTOCOL THE GENEVA CONVENTIONS, 1977 CONVENTIONS, THE GENEVA 01.05.1979 Ratification: Ratification / Reservation / Declaration: 09.03.1983 30.10.1986 Ratification: 09.08.1979 Ratification: 16.08.1989 Ratification: 08.04.1991 Ratification: 28.11.2001 Ratification: 13.07.2006 Ratification: ADDITIONAL PROTOCOL (I) TO (I) TO ADDITIONAL PROTOCOL THE GENEVA CONVENTIONS, 1977 CONVENTIONS, THE GENEVA 01.05.1979 Ratification: Ratification / Reservation / Declaration: 09.03.1983; 06.03.1992 90: Article Declaration 30.10.1986 Ratification: 09.08.1979 Ratification: Ratification / Reservation/ Declaration 16.08.1989 90: Article 08.04.1991 Ratification: Ratification / Reservation / Declaration: 21.08.1987 07.03.2006 Ratification: Ratification / Reservation / Declaration: 14.11.1983 01.04.2010 Ratification: GENEVA CONVENTIONS, 1949 CONVENTIONS, GENEVA Ratification: 29.05.1951 Ratification: 10.05.1972 Ratification: 30.11.1971 Ratification: 04.05.1957 Ratification: 20.06.1960 Ratification: 06.03.1978 Ratification: 18.05.1963 Ratification: 23.09.1957 Ratification: 02.11.1953 Ratification: 12.07.1962 Ratification: 14.02.1956 Ratification: TABLE OF ALL THE INTERNATIONAL HUMANITARIAN LAW-RELATED Conventions signed/RATIFIED/ACCEDED TO BY ARAB STATES TO signed/RATIFIED/ACCEDED Conventions LAW-RELATED HUMANITARIAN OF ALL THE INTERNATIONAL TABLE NAME OF THE CONVENTION JORDAN UAE BAHRAIN TUNISIA ALGERIA DJIBOUTI ARABIA SAUDI SUDAN SYRIA SOMALIA IRAQ ANNEXES 111 22 THE CHILD, 1989 THE CHILD, CONVENTION ON THE RIGHTS OF Ratification: 09.12.1996 Ratification: 02.04.2014 Ratification: Ratification / Reservation / Declaration: 03.04.1995 22.06.1993 Ratification: Ratification / Reservation / Declaration: 21.10.1991 14.05.1991 Ratification: 15.04.1993 Ratification: 06.07.1990 Ratification: Ratification / Reservation / Declaration: 21.06.1993 16.05.1991; Ratification: 26.01.1990 Reservation / Declaration: 01.05.1991 Ratification: 19 ADDITIONAL PROTOCOL (II) TO (II) TO ADDITIONAL PROTOCOL THE GENEVA CONVENTIONS, 1977 CONVENTIONS, THE GENEVA Ratification / Reservation / Declaration: 29.03.1984 Ratification: 04.01.2015 05.01.2005 Ratification: 21.11.1985 Ratification: 17.01.1985 Ratification: 23.07.1997 Ratification: 07.06.1978 Ratification: Ratification / Reservation / Declaration: 09.10.1992 03.06.2011 Ratification: 14.03.1980 Ratification: 17.04.1990 Ratification: 21 ADDITIONAL PROTOCOL (I) TO (I) TO ADDITIONAL PROTOCOL THE GENEVA CONVENTIONS, 1977 CONVENTIONS, THE GENEVA Ratification / Reservation / Declaration: 29.03.1984 Ratification / Accession:02.04.2014 Ratification 05.04.1988; / Reservation: 24.09.1991 90: Article Declaration 21.11.1985 Ratification: 17.01.1985 Declaration Ratification: 21.06.2013 90: Article 23.07.1997 Ratification: Ratification / Accession:07.06.1978 Ratification / Reservation / Declaration: 09.10.1992 03.06.2011 Ratification: 14.03.1980 Ratification: 17.04.1990 Ratification: 22 GENEVA CONVENTIONS, 1949 CONVENTIONS, GENEVA Ratification: 31.01.1974 Ratification: 02.04.2014 Ratification: 15.10.1975 Ratification: 21.11.1985 Ratification: Ratification / Reservation / Declaration: 02.09.1967 10.04.1951 Ratification: 22.05.1956 Ratification: 10.11.1952 Ratification: 26.07.1956 Ratification: 30.10.1962 Ratification: 16.07.1970; Ratification: 25.05.1977 Reservation / Declaration: NAME OF THE CONVENTION OMAN PALESTINE QATAR COMOROS KUWAIT LEBANON LIBYA EGYPT MOROCCO MAURITANIA YEMEN RATIFICATIONS: TOTAL 112 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) WEAPONS, 1972 WEAPONS, CONVENTION ON THE PROHIBITION OF BIOLOGICAL Ratification: 27.06.1975 Ratification: 19.06.2008 Ratification: Ratification / Reservation / Declaration: 28.10.1988 06.06.1973 Ratification: 22.07.2001 Ratification: 24.05.1972 Ratification: 17.10.2003 Ratification: 14.04.1972 Signature: 03.07.1972 Signature: 19.06.1991 Ratification: METHODS, 1925 METHODS, GENEVA PROTOCOL ON PROTOCOL GENEVA ASPHYXIATING OR POISONOUS ASPHYXIATING GASES, AND OF BACTERIOLOGICAL GASES, Ratification / Reservation / Declaration: 20.01.1977 Ratification / Reservation / Declaration: 09.12.1888 12.07.1967 Ratification: Ratification / Reservation / Declaration: 27.01.1992 27.01.1971 Ratification: 17.12.1980 Accession: Ratification / Ratification / Reservation / Declaration: 17.12.1968 Ratificiation / Reservation / Declaration: 08.09.1931 ADDITIONAL PROTOCOL (III) TO (III) TO ADDITIONAL PROTOCOL THE GENEVA CONVENTIONS, 2005 CONVENTIONS, THE GENEVA ARMED CONFLICT, 2000 ARMED CONFLICT, OPTIONAL PROTOCOL ON THE OPTIONAL PROTOCOL INVOLVEMENT OF CHILDREN IN INVOLVEMENT Ratification: 23.05.2003 Ratification: Ratification / Reservation / Declaration: 21.09.2004 Ratification / Reservation / Declaration: 02.01.2003 Ratification / Reservation / Declaration: 06.05.2009 27.04.2011 Ratification: Ratification / Reservation / Declaration: 10.06.2011 Ratification / Reservation / Declaration: 26.07.2005 Ratification / Reservation / Declaration: 17.10.2003 16.09.2005 Signature: Ratification / Reservation / Declaration: 24.06.2008 NAME OF THE CONVENTION JORDAN UAE BAHRAIN TUNISIA ALGERIA DJIBOUTI ARABIA SAUDI SUDAN SYRIA SOMALIA IRAQ ANNEXES 113 17 WEAPONS, 1972 WEAPONS, CONVENTION ON THE PROHIBITION OF BIOLOGICAL Ratification: 31.03.1992 Ratification: Ratification: 09.01.2018 17.04.1975 Ratification: 26.07.1972 Ratification: 26.03.1975 Ratification: 19.01.1982 Ratification: 10.04.1972 Signature: 21.03.2002 Ratification: Ratification: 28.01.2015 01.06.1979 Ratification: 16 METHODS, 1925 METHODS, GENEVA PROTOCOL ON PROTOCOL GENEVA ASPHYXIATING OR POISONOUS ASPHYXIATING GASES, AND OF BACTERIOLOGICAL GASES, Ratification: 19.01.2018 18.10.1976 Ratification: Ratification / Reservation / Declaration: 15.12.1971 17.04.1969 Accession: Ratification / Ratification / Reservation / Declaration: 29.12.1971 06.12.1928 Ratification: 13.10.1970 Ratification: Ratification / Reservation / Declaration: 17.03.1971 1 ADDITIONAL PROTOCOL (III) TO (III) TO ADDITIONAL PROTOCOL THE GENEVA CONVENTIONS, 2005 CONVENTIONS, THE GENEVA Ratification / Accession: 04.01.2015 17 ARMED CONFLICT, 2000 ARMED CONFLICT, OPTIONAL PROTOCOL ON THE OPTIONAL PROTOCOL INVOLVEMENT OF CHILDREN IN INVOLVEMENT Ratification / Reservation / Declaration: 17.09.2004 Ratification / Reservation / Declaration: 02.04.2014 Ratification / Reservation / Declaration: 25.07.2002 Ratification / Reservation / Declaration: 26.08.2004 11.02.2002 Signature: Ratification / Reservation / Declaration: 29.10.2004 06.02.2007 Ratification: Ratification / Reservation / Declaration: 22.05.2002 02.03.2007 Ratification: NAME OF THE CONVENTION OMAN PALESTINE QATAR COMOROS KUWAIT LEBANON LIBYA EGYPT MOROCCO MAURITANIA YEMEN RATIFICATIONS: TOTAL 114 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) WEAPONS, 1980 WEAPONS, CCW PROTOCOL (III) CCW PROTOCOL PROHIBITING INCENDIARY PROHIBITING INCENDIARY Ratification: 19.10.1995 Ratification: 26.02.2009 Ratification: Ratification: 11.03.2016 15.05.1987 Ratification: Ratification: 06.05.2015 29.07.1996 Ratification: 07.12.2007 Ratification: 24.09.2014 Ratification: OTHER DEVICES, 1980 DEVICES, OTHER MINES, BOOBY-TRAPS AND BOOBY-TRAPS MINES, CCW PROTOCOL (II) PROHIBITING CCW PROTOCOL Ratification: 15.05.1987 Ratification: 29.07.1996 Ratification: 24.09.2014 Ratification: CCW PROTOCOL (I) ON NON- CCW PROTOCOL DETECTABLE FRAGMENTS, 1980 FRAGMENTS, DETECTABLE Ratification: 19.10.1995 Ratification: 26.02.2009 Ratification: 15.05.1987 Ratification: Ratification: 06.05.2015 29.07.1996 Ratification: 24.09.2014 Ratification: WEAPONS (CCW), 1980 WEAPONS (CCW), CERTAIN CONVENTIONAL CERTAIN CONVENTION PROHIBITING Ratification: 19.10.1995 Ratification: 26.02.2009 Ratification: Ratification: 11.03.2016 15.05.1987 Ratification: Ratification: 06.05.2015 29.07.1996 Ratification: 07.12.2007 Ratification: 10.04.1981 Signature: 24.09.2014 Ratification: NAME OF THE CONVENTION JORDAN UAE BAHRAIN TUNISIA ALGERIA DJIBOUTI ARABIA SAUDI SUDAN SYRIA SOMALIA IRAQ ANNEXES 115 12 WEAPONS, 1980 WEAPONS, CCW PROTOCOL (III) CCW PROTOCOL PROHIBITING INCENDIARY PROHIBITING INCENDIARY Ratification: 05.01.2015 16.11.2009 Ratification: 24.05.2013 Ratification: Ratification: 05.04.2017 5 OTHER DEVICES, 1980 DEVICES, OTHER MINES, BOOBY-TRAPS AND BOOBY-TRAPS MINES, CCW PROTOCOL (II) PROHIBITING CCW PROTOCOL Ratification: 05.04.2017 19.03.2002 Ratification: 10 CCW PROTOCOL (I) ON NON- CCW PROTOCOL DETECTABLE FRAGMENTS, 1980 FRAGMENTS, DETECTABLE Ratification: 05.01.2015 16.11.2009 Ratification: 24.05.2013 Ratification: Ratification: 05.04.2017 13 WEAPONS (CCW), 1980 WEAPONS (CCW), CERTAIN CONVENTIONAL CERTAIN CONVENTION PROHIBITING Ratification: 05.01.2015 16.11.2009 Ratification: 24.05.2013 Ratification: Ratification: 05.04.2017 10.04.1981 Signature: 19.03.2002 Ratification: NAME OF THE CONVENTION OMAN PALESTINE QATAR COMOROS KUWAIT LEBANON LIBYA EGYPT MOROCCO MAURITANIA YEMEN RATIFICATIONS: TOTAL 116 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) CONVENTION, 1997 CONVENTION, ANTI-PERSONNEL MINE BAN Ratification: 13.11.1998 Ratification: 09.07.1999 Ratification: 09.10.2001 Ratification: 13.10.2003 Ratification: 16.04.2012 Ratification: 15.08.2007 Ratification: MINES, BOOBY-TRAPS AND BOOBY-TRAPS MINES, CCW PROTOCOL (II) PROHIBITING CCW PROTOCOL OTHER DEVICES, AMENDED, 1996 AMENDED, DEVICES, OTHER Ratification: 06.09.2000 Ratification: 23.03.2006 Ratification: 18.05.1998 Ratification: 24.09.2014 Ratification: 1995 CCW PROTOCOL (IV) ON CCW PROTOCOL BLINDING LASER WEAPONS, BLINDING LASER WEAPONS, Ratification: 11.03.2016 23.03.2006 Ratification: Ratification: 06.05.2015 07.12.2007 Ratification: 24.09.2014 Ratification: CONVENTION PROHIBITING CHEMICAL WEAPONS, 1993 CHEMICAL WEAPONS, Ratification: 29.10.1997 Ratification: 28.11.2000 Ratification: 28.04.1997 Ratification: 15.04.1997 Ratification: 14.08.1995 Ratification: 25.01.2006 Ratification: 09.08.1996 Ratification: Ratification / Reservation / Declaration: 24.05.1999 Ratification / Reservation / Declaration: 14.09.2013 29.05.2013 Ratification: 13.01.2009 Ratification: NAME OF THE CONVENTION JORDAN UAE BAHRAIN TUNISIA ALGERIA DJIBOUTI ARABIA SAUDI SUDAN SYRIA SOMALIA IRAQ ANNEXES 117 13 CONVENTION, 1997 CONVENTION, ANTI-PERSONNEL MINE BAN Ratification: 20.08.2014 Ratification: Ratification: 29.12.2017 13.10.1998 Ratification: 19.08.2002 Ratification: 30.07.2007 Ratification: 21.07.2000 Ratification: 01.09.1998 Ratification: 6 MINES, BOOBY-TRAPS AND BOOBY-TRAPS MINES, CCW PROTOCOL (II) PROHIBITING CCW PROTOCOL OTHER DEVICES, AMENDED, 1996 AMENDED, DEVICES, OTHER Ratification: 24.05.2013 Ratification: 19.03.2002 Ratification: 8 1995 CCW PROTOCOL (IV) ON CCW PROTOCOL BLINDING LASER WEAPONS, BLINDING LASER WEAPONS, Ratification: 16.11.2009 Ratification: 24.05.2013 Ratification: 19.03.2002 Ratification: 20 CONVENTION PROHIBITING CHEMICAL WEAPONS, 1993 CHEMICAL WEAPONS, Ratification: 08.02.1995 Ratification: 03.09.1997 Ratification: 18.08.2006 Ratification: 28.05.1997 Ratification: 20.11.2008 Ratification: 06.01.2004 Ratification: 28.12.1995 Ratification: 09.02.1998 Ratification: 02.10.2000 Ratification: NAME OF THE CONVENTION OMAN PALESTINE QATAR COMOROS KUWAIT LEBANON LIBYA EGYPT MOROCCO MAURITANIA YEMEN RATIFICATIONS: TOTAL 118 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) LONDON, 1936 LONDON, WARFARE OF THE TREATY OF OF THE TREATY WARFARE PROCÈS-VERBAL ON SUBMARINE Ratification: 11.06.1937 Ratification: 27.12.1937 Ratification: MUNITIONS, 2008 MUNITIONS, CONVENTION ON CLUSTER Ratification: 28.09.2010 Ratification: 30.07.2010 Signature: Ratification: 30.09.2015 14.05.2013 Ratification: 2003 CCW PROTOCOL (V) ON CCW PROTOCOL EXPLOSIVE REMNANTS OF WAR, EXPLOSIVE REMNANTS OF WAR, Ratification: 26.02.2009 Ratification: Ratification: 11.03.2016 07.03.2008 Ratification: 08.01.2010 Ratification: 24.09.2014 Ratification: ARTICLE 1, 2001 1, ARTICLE CERTAIN CONVENTIONAL CERTAIN CONVENTION PROHIBITING WEAPONS (CCW ), AMENDED WEAPONS (CCW ), Ratification: 11.03.2009 Ratification: Ratification: 06.05.2015 24.09.2014 Ratification: NAME OF THE CONVENTION JORDAN UAE BAHRAIN TUNISIA ALGERIA DJIBOUTI ARABIA SAUDI SUDAN SYRIA SOMALIA IRAQ ANNEXES 119 3 LONDON, 1936 LONDON, WARFARE OF THE TREATY OF OF THE TREATY WARFARE PROCÈS-VERBAL ON SUBMARINE Ratification: 23.06.1937 Ratification: 7 MUNITIONS, 2008 MUNITIONS, CONVENTION ON CLUSTER Ratification: 02.01.2015 28.07.2010 Ratification: 05.11.2010 Ratification: 01.02.2012 Ratification: 8 2003 CCW PROTOCOL (V) ON CCW PROTOCOL EXPLOSIVE REMNANTS OF WAR, EXPLOSIVE REMNANTS OF WAR, Ratification: 29.12.2017 16.11.2009 Ratification: 24.05.2013 Ratification: 5 ARTICLE 1, 2001 1, ARTICLE CERTAIN CONVENTIONAL CERTAIN CONVENTION PROHIBITING WEAPONS (CCW ), AMENDED WEAPONS (CCW ), Ratification: 24.05.2013 Ratification: Ratification: 05.04.2017 NAME OF THE CONVENTION OMAN PALESTINE QATAR COMOROS KUWAIT LEBANON LIBYA EGYPT MOROCCO MAURITANIA YEMEN RATIFICATIONS: TOTAL 120 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) to War Crimes, 1968 Crimes, to War Convention Statutory LimitationsConvention Ratification: 15.06.1972 Ratification: 1999 Second Hague Protocol for the Second Hague Protocol Protection of Cultural Property, Property, of Cultural Protection Ratification: 05.05.2009 Ratification: 26.08.2008 Ratification: Ratification: 09.04.2018 06.11.2007 Ratification: 17.05.1999 Signature: 1954 Hague Protocol for the Hague Protocol Protection of Cultural Property, Property, of Cultural Protection Ratification: 02.10.1957 Ratification: 26.08.2008 Ratification: 28.01.1981 Ratification: Ratification: 09.04.2018 06.11.2007 Ratification: 06.03.1958 Ratification: 21.12.1967 Ratification: 1954 Hague Convention for theHague Convention Protection of Cultural Property, Property, of Cultural Protection Ratification: 02.10.1957 Ratification: 26.08.2008 Ratification: 28.01.1981 Ratification: Ratification: 09.04.2018 20.01.1971 Ratification: Ratification / Reservation / Declaration: 23.07.1970 06.03.1958 Ratification: 21.12.1967 Ratification: NAME OF THE CONVENTION JORDAN UAE BAHRAIN TUNISIA ALGERIA DJIBOUTI ARABIA SAUDI SUDAN SYRIA SOMALIA IRAQ ANNEXES 121 5 to War Crimes, 1968 Crimes, to War Convention Statutory LimitationsConvention Ratification: 02.01.2015 07.03.1995 Ratification: 16.05.1989 Ratification: 09.02.1987 Ratification: 10 1999 Second Hague Protocol for the Second Hague Protocol Protection of Cultural Property, Property, of Cultural Protection Ratification: 16.05.2011 Ratification: 22.03.2012 Ratification: 04.09.2000 Ratification: 20.07.2001 Ratification: 03.08.2005 Ratification: 05.12.2013 Ratification: 17.05.1999 Signature: 14 1954 Hague Protocol for the Hague Protocol Protection of Cultural Property, Property, of Cultural Protection Ratification: 22.03.2012 Ratification: 17.02.1970 Ratification: 01.06.1960 Ratification: 19.11.1957 Ratification: 17.08.1955 Ratification: 30.08.1968 Ratification: 06.02.1970 Ratification: 17 1954 Hague Convention for theHague Convention Protection of Cultural Property, Property, of Cultural Protection Ratification: 26.10.1977 Ratification: 22.03.2012 Ratification: 31.07.1973 Ratification: 06.06.1969 Ratification: 01.06.1960 Ratification: 19.11.1957 Ratification: 17.08.1955 Ratification: 30.08.1968 Ratification: 06.02.1970 Ratification: NAME OF THE CONVENTION OMAN PALESTINE QATAR COMOROS KUWAIT LEBANON LIBYA EGYPT MOROCCO MAURITANIA YEMEN RATIFICATIONS: TOTAL 122 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) MERCENARIES, 1977 MERCENARIES, OAU CONVENTION ON OAU Ratification: 04.06.1984 Ratification: 11.01.2008 Ratification: 15.11.2005 Signature: 26.08.1978 Ratification: 23.02.2006 Signature: CONVENTION PROHIBITING TECHNIQUES (ENMOD), 1976 TECHNIQUES (ENMOD), ENVIRONMENTAL MODIFICATION MODIFICATION ENVIRONMENTAL Ratification: 11.05.1978 Ratification: 19.12.1991 Ratification: 04.08.1977 Signature: 15.08.1977 Signature: OF GENOCIDE, 1948 OF GENOCIDE, CONVENTION ON THE PREVENTION AND PUNISHMENT Ratification: 03.04.1950 Ratification: Ratification / Reservation / Declaration: 11.11.2005 Ratification / Reservation / Declaration: 27.03.1990 29.11.1956 Ratification: Ratification / Reservation / Declaration: 31.10.1963 13.07.1950 Ratification: 13.10.2003 Ratification: 25.06.1955 Ratification: 20.01.1959 Ratification: CRIMINAL COURT, 1998 CRIMINAL COURT, STATUTE OF THE INTERNATIONAL OF THE INTERNATIONAL STATUTE Ratification / Reservation / Declaration: 11.04.2002 27.11.2000 Signature: 11.12.2000 Signature: 24.06.2011 Ratification: 28.12.2000 Signature: 05.11.2002 Ratification: 08.09.2000 Signature: 29.11.2000 Signature: NAME OF THE CONVENTION JORDAN UAE BAHRAIN TUNISIA ALGERIA DJIBOUTI ARABIA SAUDI SUDAN SYRIA SOMALIA IRAQ ANNEXES 123 6 MERCENARIES, 1977 MERCENARIES, OAU CONVENTION ON OAU Ratification: 16.04.2004 Ratification: 11.05.2005 Ratification: 21.06.1978 Ratification: 31.01.2011 Signature: 6 CONVENTION PROHIBITING TECHNIQUES (ENMOD), 1976 TECHNIQUES (ENMOD), ENVIRONMENTAL MODIFICATION MODIFICATION ENVIRONMENTAL Ratification: 29.12.2017 Ratification / Reservation / Declaration: 02.01.1980 18.05.1977 Signature: 01.04.1982 Ratification: 18.05.1977 Signature: 20.07.1977 Ratification: 17 OF GENOCIDE, 1948 OF GENOCIDE, CONVENTION ON THE PREVENTION AND PUNISHMENT Ratification: 02.04.2014 Ratification: 27.09.2004 Ratification: 07.03.1995 Ratification: 17.12.1953 Ratification: 16.05.1989 Ratification: 08.02.1952 Ratification: Ratification / Reservation / Declaration: 24.01.1958 Ratification / Reservation / Declaration: 09.02.1987 5 CRIMINAL COURT, 1998 CRIMINAL COURT, STATUTE OF THE INTERNATIONAL OF THE INTERNATIONAL STATUTE Signature: 20.12.2000 Signature: Ratification: 02.01.2015 18.08.2006 Ratification: 08.09.2000 Signature: Signature / Reservation / Declaration: 26.12.2000 08.09.2000 Signature: 28.12.2000 Signature: NAME OF THE CONVENTION OMAN PALESTINE QATAR COMOROS KUWAIT LEBANON LIBYA EGYPT MOROCCO MAURITANIA YEMEN RATIFICATIONS: TOTAL 124 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018) ARMS TRADE TREATY, 2013 ARMS TRADE TREATY, Signature: 09.07.2013 Signature: 21.11.2013 Signature: 03.06.2013 Signature: DISAPPEARANCE, 2006 DISAPPEARANCE, OF ALL PERSONS FROM ENFORCED CONVENTION FOR THE PROTECTION CONVENTION FOR THE PROTECTION Ratification: 29.06.2011 Ratification: 06.02.2007 Signature: 23.11.2010 Ratification: CONVENTION ON MERCENARIES, 1989 CONVENTION ON MERCENARIES, Ratification 14.04.1997 / Reservation / Declaration: Ratification 23.10.2008 / Reservation / Declaration: NAME OF THE CONVENTION JORDAN UAE BAHRAIN TUNISIA ALGERIA DJIBOUTI ARABIA SAUDI SUDAN SYRIA SOMALIA IRAQ ANNEXES 125 2 ARMS TRADE TREATY, 2013 ARMS TRADE TREATY, Ratification: 29.12.2017 26.09.2013 Signature: 27.10.2014 Signature: 09.07.2013 Signature: Ratification: 23.09.2015 4 DISAPPEARANCE, 2006 DISAPPEARANCE, OF ALL PERSONS FROM ENFORCED CONVENTION FOR THE PROTECTION CONVENTION FOR THE PROTECTION Signature: 06.02.2007 Signature: 06.02.2007 Signature: Ratification 14.05.2013 / Reservation / Declaration: 03.10.2012 Ratification: 5 CONVENTION ON MERCENARIES, 1989 CONVENTION ON MERCENARIES, Ratification: 26.03.1999 Ratification: 22.09.2000 Ratification: 05.10.1990 Signature: 09.02.1998 Ratification: NAME OF THE CONVENTION OMAN PALESTINE QATAR COMOROS KUWAIT LEBANON LIBYA EGYPT MOROCCO MAURITANIA YEMEN RATIFICATIONS: TOTAL 126 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

DECREE REGARDING THE DRAFT ARAB MODEL LAW ON CRIMES WITHIN ICC JURISDICTION

The Arab Justice Ministers Council, after reviewing the following: - Council's Decrees No. 453-18d- 25/10/2002, 503-19d-18/10/2003, and 564-20d- 29/11/2004. - Council's decrees of the executive office No. 394-27g-29/4/2003, 436- 29g-27/4/2004, and 475-32g-10/4/2005 - The report of the committee of experts and Arab countries representatives to coordinate Arab positions on international conferences and agreements (1819/9/2005). - The council’s technical treasury report.

And after discussion, decided the following: 1. To approve the Arab model law on crimes within the ICC jurisdiction, and circulate this law among Arab countries to use it for guidance. 2. To thank the committee who prepared this draft law.

(Decree No. 598-21d-29/11/2005). ANNEXES 127

DRAFT MODEL LAW ON CRIMES WITHIN THE ICC JURISDICTION ADOPTED ON 29.11.2005 NO. 598_D21

FIRST CHAPTER

GENERAL PROVISIONS Article (1) The sentences stated in both penal law and the criminal procedure code are to be implemented whenever it is not dealt with in this law.

Article (2) The sentences set out in this law are enforced regardless of the place where the said crimes are committed, as long as one of the following conditions is fulfilled: - If the accused is a national of the state. - If the accused was present within the territory of the state after committing the crime. - If the victim was a national of the state.

Article (3) The principle: Irrelevance of Official Capacity (The person’s official rank may not be used as a reason to exempt them from responsibility or mitigate the punishment). The formulation of this principle is left to national law, pursuant to the legal system of each state.

Article (4) An investigation in one of the stated cases may not commence without written permission from the prosecutor or from someone on his/her behalf.

Article (5) No person should be tried with respect to conduct which formed the basis of any of the crimes stated under this law for which the person has been convicted or acquitted by the ICC.

Article (6) The crimes stated in this law and punishments thereof shall not be subject to any statute of limitations.

Article (7) General or special amnesty is not applicable for the crimes stated in this law.

Article (8) A. Every military commander or person effectively acting as a military commander shall be criminally responsible and punished according to the penalty stated in this law if committed by forces under his or her effective command and control or effective authority, in the following cases: 1. If the superior was aware or was assumed to be aware that subordinate forces are committing or are about to commit such crimes. 2. If the superior failed to take all necessary and reasonable measures within his or her power to prevent or repress them from being committed, or to refer the matter to the appropriate authorities for investigation and prosecution. 128 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

B. Every superior shall be punished with the penalties stated in this law if one of the crimes stated in this law were committed by his/her subordinates who are under his/her effective authority and control in the following cases: 1. If the superior was aware of or consciously disregarded any information indicating that the subordinates were committing or about to commit such crimes. 2. If the crimes concerned activities that were within the effective responsibility and control of the superior. 3. If the superior failed to take all necessary and reasonable measures within his power to prevent or repress such crimes from being committed, or to refer the matter to the appropriate authorities for investigation and prosecution.

Article (9) A. No person committing a crime stated in this law shall be relieved from criminal responsibility whether pursuant to an order of a Government or of a superior, whether military or civilian, except in the following cases: 1. If the person was under a legal obligation to obey orders of the Government or the superior in question; or 2. If the person did not know that the order was unlawful; and 3. If the order was not manifestly unlawful.

B. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful. ANNEXES 129

SECOND CHAPTER

CRIMES WITHIN THE ICC JURISDICTION

Article (10) GENOCIDE Death penalty or jail is the punishment for everyone who commits, either alone or with others, any of the following acts intending to destroy, in whole or in part, a national, ethnic, racial or religious group, provided that the act was committed in the context of a manifest pattern of acts directed against that group or was an act that could itself effect such destruction: 1. Killing one or more members of the group; 2. Causing serious bodily or mental harm to one or more members of the group; 3. Deliberately inflicting on one or more persons of the group conditions of life intended to bring about its physical destruction in whole or in part; 4. Imposing measures on one or more persons in the group with the intention to prevent births within the group; 5. Forcibly transferring one child or more children of the group to another group. In accordance with this law, the same punishment shall be given to anyone who directly and publicly incites others to commit the aforementioned acts—even if the crime was not committed as a result of that incitement to destroy, in whole or in part, a national, ethnical, racial or religious group.

Article (11) CRIMES AGAINST HUMANITY Death penalty or jail is the punishment for everyone who commits, either alone or with others, any of the following acts, when committed as part of a widespread or systematic attack directed against any civilian population under a State or organizational policy actively promoting or encouraging such an attack or such a policy and with knowledge of the attack: 1. Intentionally killing one or more persons. 2. Intentionally inflicting certain severe living conditions intended to destroy part of the population. 3. Exercising power related to the right of ownership over one or more persons or imposed on them a similar deprivation of liberty, which would include exercising such powers in the course ofHuman trafficking, and in particular women and children; 4. Deporting or transferring a person or part of a population under protection, or forcibly displacing them from the area in which they are lawfully present to any other country or place, using methods in violation of international law provisions. 5. Imprisoning one of more persons, or otherwise severely depriving them of physical liberty in violation of the fundamental rules of international law. 6. Intentionally inflicting severe pain or suffering, whether physical or mental, upon one or more persons under the custody or control of the accused; this does not include pain or suffering arising from, or inherent in, or incidental to, lawful sanctions. 7. Using coercion to have sex with a female, or to sodomize a male, or to rape a victim with penetration of any sort. It is still considered coercion if the aforementioned acts were committed against a person incapable of expressing consent. 8. Exercising one of the powers related to the right of ownership on one or more persons to cause them to commit acts of a sexual nature, or to impose upon them a similar deprivation of liberty. 9. Forcing one or more persons to engage in one or more acts of a sexual nature with the intention of obtaining money or other benefits in exchange for or in connection with these acts. 10. Detaining one or more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or committing other grave violations of international law. 11. Depriving one or more persons of biological reproductive capacity without medical justification or treatment of the person concerned, nor their genuine consent. 12. Committing acts of a sexual nature against one or more persons or forcing such a person or persons to engage in an act of a sexual nature by force, or by threat of force. 130 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

13. Intentionally depriving one or more persons of their fundamental rights because of their affiliation to a group or a particular collectivity, or to specifically target this group or collectivity for political, racial, national, ethnic, cultural, religious, gender-related, or other reasons, when the deprivation is related to any act referred to in this law. 14. Arresting, detaining or abducting one or more persons by, or with the authorization, support, or complicity of a State or a political organization, knowing that such acts would be followed in the ordinary course of events by a refusal on the part of the State to acknowledge that deprivation of freedom or provision of information on the fate or whereabouts of those persons, or a refusal by the state or the political organization – both during or after – to acknowledge the arrest, detention, or abduction and being aware of them, when the intention of removing such a person or persons was to deprive them of the protection of the law for a prolonged period of time. 15. Committing an inhumane act against one or more persons similar in nature to those previously referred to in this article and within the context of an institutionalized regime of systematic oppression and domination by one racial group against other racial group or groups with the intention of maintaining such a regime. 16. Intentionally committing other inhumane acts of a similar character to those referred to in this article, causing the victim harsh sufferance or severe mental or physical damage.

Article (12) WAR CRIMES FIRST: WAR CRIMES AGAINST INDIVIDUALS 1. Death penalty or life imprisonment shall be the punishment of whoever commits any of the following acts in the context of international or non-international armed conflict that the perpetrator was aware of: 1.1 Intentionally killing one or more protected persons. 1.2 Torturing one or more protected persons or treating them inhumanely by causing them great suffering, or serious mental or physical injury to acquire information or a confession, or with the aim of punishing, intimidation, coercion or for any reason based on discrimination of any kind. 1.3 Subjecting one or more persons to permanent physical impairment, or permanent disability, or dismembering part of their body causing death or severely endangering their physical or mental health. 1.4 Causing severe physical or mental damage, great suffering or severe wounds to one or more protected persons. 1.5 Violating the personal dignity of one or more protected persons, particularly by treating them in a degrading and humiliating manner. 1.6 Arresting, detaining, or taking as hostage one or more protected persons in any way, and threatening to kill, injure, or continue to detain them to compel a state, an international organization, a natural or legal person or groups of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of that individual or group. 1.7 Using coercion to have sex with a female, or sodomize a male, or rape the victim using penetration of any kind. The aforementioned acts would still be considered coercion if committed on a person unable to express their consent. 1.8 Compelling one or more protected persons with force or intimidation to commit sexual acts in exchange for money or other related benefits. 1.9 Depriving one or more protected persons of biological reproductive capacity, without medical justification or treatment of the concerned person or with their genuine consent. 1.10 Detaining one or more protected women and forcibly making them pregnant, with the intent of affecting the ethnic composition of any population. 1.11 Enlisting one or more children under the age of fifteen years into the national armed forces or using them to actively participate in war hostilities. 1.12 Deporting or transferring a protected person or a protected population, or forcibly displacing them in one way or another from the area in which they are lawfully present to another country, in violation of international law. 1.13 Transferring, directly or indirectly, part of the population of the occupying power to the occupied territory. 1.14 Detaining a protected individual or group without legal ground. 1.15 Passing sentences and carrying out executions on one or more protected persons without previous trials at a specialized court that takes into consideration all judicial and procedural guarantees which are generally recognized by international law.

1.16 Subjecting one or more protected persons to biological experiments of any kind which are neither ANNEXES 131

medically justified, nor carried out in the interest of the concerned party, and which may lead to death or to serious endangerment of the mental or physical health of such person or persons. 1.17 Subjecting the lives of one or more protected persons under the authority of the opposing party to death or grave physical health through conducting any kind of medical or scientific experiments unjustified by the medical, dental or hospital treatment of the person concerned and against the interest of the person or persons. 1.18 Killing or injuring a combatant who has laid down his arms or who no longer possesses a means of defense after voluntarily surrendering or while being present outside the combat zone.

2 Imprisonment shall be the punishment for whoever commits any of the following acts during international armed conflicts: 2.1 Intentionally depriving a prisoner of war or other protected persons of their rights to a fair trial at a specialized court that takes into consideration judicial and procedural hearings guaranteed by law. 2.2 Compelling a prisoner of war or other protected persons to serve in the forces of a hostile power. 2.3 Compelling one or more persons of the hostile country to take part in the operations of war directed against their own country or armed forces.

3 The rules of this article, are in reference to the protected persons: 3.1 In international armed conflicts: people protected under the provisions of the four Geneva Conventions of 1949, and the first additional protocol of 1977, are: the wounded, the sick, and the drowned from the armed forces, prisoners of war, and civilians; and members of the armed forces who surrendered their weapons or became unable to fight for any reason. 3.2 In non-international armed conflicts: people under the protection of the common article three in the four Geneva Conventions of 1949 and the second additional protocol of 1977, are: those who are not directly involved in hostile acts, including members of armed forces who laid down their weapons, those unable to fight due to illness, wounds, detention or any other reason, as well as paramedics and clergymen.

SECOND: WAR CRIMES AGAINST PROPERTIES AND OTHER RIGHTS Life or temporary imprisonment shall be the punishment for whoever commits any of the following acts against properties protected under the provisions according to international law applicable to armed conflicts, in the context of an international or non-international armed conflict that the perpetrator was aware of: 1. Looting any properties belonging to the opponent’s party with the intention of personal usage or ownership. 2. Causing extensive destruction to the property of the opponent or confiscation by unlawful means unjustified by military necessity. 3. Depriving those on the side of the opponent from their legal rights to appeal to the courts by canceling, stalling or suspending their appeals.

THIRD: WAR CRIMES AGAINST HUMANITARIAN OPERATIONS AND THEIR EMBLEMS Imprisonment shall be the punishment for whoever commits any of the following acts in the context of international or non-international armed conflicts that the perpetrator was aware of: 1. Intentionally launching attacks against individuals, or establishments or installations, or materials, or units or vehicles used for humanitarian relief or peacekeeping missions in accordance with the Charter of the United Nations and entitled to protection under the international law of armed conflict. 2. Intentionally directing attacks against persons, buildings, materials, medical units, and transport systems carrying the distinctive emblems of the Geneva Conventions of 1949.

FOURTH: WAR CRIMES REPRESENTED BY THE IMPROPER USE OF FLAGS, INSIGNIAAND SLOGANS Imprisonment shall be the punishment for whoever commits any of the following acts in the context of international or non-international armed conflict that the perpetrator was aware of: - Misuse of the hostile party’s flag, military symbols or uniforms, or of the flag, symbols, or military uniform of the United Nations, or of the distinctive symbols of the Geneva Conventions, for combatant purposes in a manner prohibited under the international law of armed conflict, or in order to feign an intention to negotiate under the flag of truce or surrender – when there was no such intention – and to have this result in death or serious injury. 132 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

FIFTH: WAR CRIMES RELATED TO ILLEGAL COMBAT METHODS: Death penalty or imprisonment shall be the punishment for whoever commits any of the following acts in the context of international or non-international armed conflict that the perpetrator was aware of: 1. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities. 2. Intentionally directing attacks against civilian locations, or other protected neighborhoods that do not constitute military targets, especially buildings dedicated to religious, or educational, or scientific or charitable purposes, historical monuments and artistic objects, hospitals, and places where the wounded and sick are brought together. 3. Intentionally attacking or bombing unprotected towns, villages, dwellings or buildings that are not military targets. 4. Intentionally launching attacks that would cause loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated. 5. Transfer or exploitation of the presence of one or more civilians or other protected persons to render certain points, areas or military bases immune from military operations. 6. Starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, or impeding relief supplies to barely keep them alive in violation of the rules of international humanitarian law. 7. Declaring or ordering that no quarter will be give, while in a position of actual control or leadership over subordinate forces as a means of threatening the enemy or of engaging in acts of war. 8. Treacherously killing or wounding one or more persons or combatants from the hostile state or army after inviting their confidence or belief that they were entitled to protection under the rules of international law applicable in armed conflict. 9. Ordering the displacement of the civilian population without being justified in terms of increasing the security of the concerned civilians or in terms of military necessity.

SIXTH: WAR CRIMES RELATING TO THE USE OF PROHIBITED MEANS AND WEAPONS Death penalty or imprisonment shall be the punishment of whoever commits any of the following acts in the context of international or non-international armed conflict that the perpetrator was aware of: 1. Using poison or a weapon that releases a poisonous substance that causes death, or severely damage to health in the ordinary course of events, through its toxic properties. 2. Using gas, or liquid or any material or substance that results in death or severe damage to health in the ordinary course of events, through its asphyxiating or toxic properties. 3. Using prohibited bullets that expand or flatten easily in the human body, which uselessly aggravate suffering and the wounding effect, in particular, the use of bullets with a hard covering that does not entirely cover the core of the bullet, or bullets with sharp edges. 4. Employing weapons, projectiles or materials or methods of warfare which in their nature cause superfluous injury or unnecessary suffering or which are inherently indiscriminate, in violation of international law applicable to armed conflict.

Article (13) CRIME OF AGGRESSION (1) Death penalty or life imprisonment shall be the punishment of whoever is in the position of practicing control or being able to direct political or military acts in his/her state against the state in violation of the UN Charter by resorting to armed force to threaten, or overtake state sovereignty, its regional security or its political independence. (2) Any of the following acts are considered aggression (whether there is a declaration of war or not): a. The armed forces of a certain state invade or attack a region of the state, even if temporarily, by means of its armed forces or a military occupation, as a result of a similar kind of attack or invasion or any merging of the state’s provinces or portions of it by use of force. b. The armed forces of a certain state bomb a region of the state or the state uses any weapons against a region of the state. c. Imposing a blockade on the ports of a state, its coast, or its airspace by the armed forces of another state. d. The armed forces of a certain state attack the ground troops, the navy, and the air force, or the navy and air trade fleets of the state. e. A certain state whose armed forces are present in a region of another state with the consent of the host state, ANNEXES 133

uses its armed forces in violation of the conditions stated in the agreement or extends their presence in the aforementioned region beyond the conclusion of the agreement. f. A certain state that placed its region under the control of another state permits that other state to use this region to perpetrate an act of aggression against the state. g. Sending gangs, or armed groups, or irregular forces, or militias, or mercenaries from a particular state or in the name of the state, to conduct armed acts against another state that are dangerous to a degree tantamount to one of the above-mentioned acts of aggression or to the tangible participation of that state in this act. (3) It is considered aggression to plan, prepare, and issue orders when aggression is the act that follows these actions.

134 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE STATE OF KUWAIT AND THE INTERNATIONAL COMMITTEE OF THE RED CROSS ON THE CREATION OF THE REGIONAL CENTER FOR TRAINING MAGISTRATES AND PUBLIC PROSECUTORS IN THE FIELD OF INTERNATIONAL HUMANITARIAN LAW

The State of Kuwait, represented by the Kuwait Institute for Judicial and Legal Studies, hereinafter referred to as the “Institute”, and the International Committee of the Red Cross, represented by the Regional Delegation of the International Committee of the Red Cross in Kuwait, hereinafter referred to as the “Delegation”, being parties to this MoU, • desiring to reinforce cooperation between the two parties, • conscious of the need to train judicial cadres of magistrates and public prosecutors in the field of International Humanitarian Law (IHL) at both the national and regional levels, • emphasizing the support to the provisions of IHL and implementation thereof in accordance with the Four Geneva Conventions of 1949 and their two Additional Protocols of1977, • keen on ensuring the adequate implementation of the regional plan of action for the implementation of IHL, adopted at the meeting of the Arab government experts held in Cairo on 28-30 October 2002, and which included a proposal to create a regional institute for magistrates, diplomats, and police officers, in Arab countries,

During discussions that took place in a friendly and amicable atmosphere, marked by a spirit of fraternity, sincere cordiality and mutual understanding, they agreed on the following:

The institute shall strive to create the two following centers: First: Consider the Kuwait Institute for Judicial and Legal Studies as the regional center for training magistrates and public prosecutors in the field of IHL. Its main role is to organize one regional course at least once every two years for participants from all over the Arab world. Second: Develop the library of Kuwait Institute for Judicial and Legal Studies so as to become a documentation center for the provisions of IHL, relevant international conventions, all juridical researches and publications, and recommendations issued in this regard, and supply it with all the necessary equipment.

In accordance with the following articles:

Article one OBLIGATIONS OF THE INSTITUTE 1- Inviting the Ministries of justice, judicial centers or institutes in different Arab countries to participate in the above-mentioned regional course on a date to be determined by the two parties. 2- Supervising the holding of this annual course, organizing the procedures for the reception and departure of the participants at the airport, covering the costs of accommodation, living expenses, and transportation of participants provided that the number of participants does not exceed one person from each participating country. 3- Preparing and equipping training halls in accordance with the agenda agreed upon of the course. 4- Allocating a suitable place for the IHL documentation center at the Institute. 5- Issuing certificates to be handed over to the participants in coordination with the Delegation.

Article Two OBLIGATIONS OF THE DELEGATION 1- Preparing the program of the aforementioned annual course in coordination with the Institute’s administration. 2- Outsourcing the necessary experts and lecturers for carrying out the teaching and training during the course, and payment of their remuneration and travel expenses. 3- Providing all necessary documents for the course and for the documentation center, whether international conventions, publications, or researches, both in Arabic and English languages, and regularly updating them. 4- Organizing annual courses, in coordination with the Institute at the national level, to train magistrates and public prosecutors on the provisions of IHL, provided that the Delegation covers the expenses and remunerations of experts and the costs of documents. ANNEXES 135

Article Three ENTRY INTO FORCE, AMENDMENT, TERMINATION 1- This MoU shall enter into force as soon as the State of Kuwait notifies the Delegation of fulfilling all the necessary constitutional procedures for the entry into force of this MOU. 2- This MoU shall remain valid for five years, automatically renewable for a similar period of time, unless either party expresses its wish, through the usual diplomatic channels, to terminate it. The MoU becomes invalid six (6) months after the date of notification. 3- This MoU may be amended upon a written request of either party. No amendment shall be considered unless approved in accordance with paragraph (1) of this Article. 4- This MoU shall not prevent any of the two parties from dealing or contracting with any other party on the same aspects set forth in the MoU, when deemed necessary.

* IN WITNESS WHEREOF, this Memorandum of Understanding has been signed in Kuwait on Tuesday 28 Shaaban 1425H, corresponding to 12 October 2004, in two original versions, both Arabic and English, equally authentic.

For the State of Kuwait For the International Committee of The Red Cross

Counsellor Mohamed J. Ben Naji Al Qenaie Mr. Michel Meyer

Director Head of Regional Delegation

Kuwait Institute for Judicial and Legal Studies International Committee of The Red Cross in Kuwait 136 Eighth Periodic Report on the Implementation of International Humanitarian Law at the Level of Arab States (2015 - 2018)

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE STATE OF THE UNITED ARAB EMIRATES AND THE INTERNATIONAL COMMITTEE OF THE RED CROSS ON THE CREATION OF THE REGIONAL CENTER FOR TRAINING DIPLOMATS IN THE FIELD OF INTERNATIONAL HUMANITARIAN LAW

The State of the United Arab Emirates, represented by the Emirates Institute for Diplomats, hereinafter referred to as the “Institute”, and the International Committee of the Red Cross, represented by the Regional Delegation of the International Committee of the Red Cross, hereinafter referred to as the “Delegation”, being parties to the MoU. • desiring to reinforce cooperation between the two parties, • conscious of the need to train diplomatic cadres in the field of International Humanitarian Law (IHL) at both the national and regional levels, • emphasizing the support to and implementing of the provisions of IHL in accordance with the Four Geneva Conventions of 1949 and their two Additional Protocols of 1977, • keen on ensuring theadequate implementation of the regional plan of action for the implementation of IHL, adopted at the meeting of the Arab government experts held in Cairo on 26-28 February 2004, which included a proposal to create regional institutes for magistrates, diplomats, and police officers, in Arab countries.

During discussions took place in a friendly and amicable atmosphere, marked by a spirit of fraternity, sincere cordiality and mutual understanding, they agreed on the following:

The Institute shall strive to create the regional center for diplomats: First: Consider the Emirates Institute of Diplomats as the regional center for training diplomats in the field of IHL. Its main role being to organize one regional course at least once every two years for participants from all over the Arab world. Second: Develop the library of the Emirates Institute of Diplomats so as to become a documentation center for the provisions of IHL, relevant international conventions, all legal researches and publications, and recommendations issued in t his regard, and supply it with all the necessary equipment.

In accordance with the following articles:

Article One OBLIGATIONS OF THE INSTITUTE 1- Inviting the Ministries of Foreign Affairs or Diplomatic Institutes in different Arab countries to participate in the above-mentioned regional course at a date to be determined by the two parties. 2- Supervising the holding of this annual course, organizing the procedures for the reception and departure of the participants at the airport, covering the costs of accommodation, living expenses, and transportation of participants provided that the number of participants doesnot exceed one person from each participating country. 3- Preparing and equipping training halls in accordance with the course agenda already agreed upon. 4- Allocating a suitable place for the IHL documentation center at the Institute. 5- Issuing certificates to be handed over to the participants in coordination with the Delegation.

Article Two OBLIGATIONS OF THE DELEGATION 1- Preparing the program of the aforementioned annual course in coordination with the Institute’s administration. 2- Outsourcing the necessary experts and lecturers to carry out the teaching and training during the course, and payment of their remuneration and travel expenses. 3- Providing all necessary documents for the course and for the documentation center, whether international conventions, publications, or researches, both in Arabic and English languages, and regularly updating them. 4- Organizing annual courses, in coordination with the Institute at the national level, to train diplomats on the provisions of IHL, provided that the Delegation covers the expenses and remunerations of experts and the costs of documents. ANNEXES 137

Article Three ENTRY INTO FORCE, AMENDMENT, TERMINATION 1- This MoU shall enter into force from the date of signature of both Parties. 2- This MoU shall remain valid for four years, automatically renewable for a similar period of time, unless either party expresses its wish, through the usual diplomatic channels, to terminate it. The MoU becomes invalid six (6) months after the date of notification. 3- This MoU may be amended upon a written request of either party. 4- This MoU shall not prevent any of the two parties from dealing or contracting with any other party on the same aspects set forth in the MoU, when deemed necessary.

* IN WITNESS WHEREOF, this Memorandum of Understanding has been signed in Abu Dhabi, on Sunday, 27 November 2005, in two original versions, both Arabic and English, equally authentic.

For the Government of the United Arab Emirates For the International Committee of The Red Cross

Abdullah Rashid Al Noaimi Michel Meyer

Under-Secretary Head of the Regional Delegation

Ministry of Foreign Affairs United Arab Emirates International Committee of The Red Cross